ISLAND CREEK KENTUCKY MINING v. RAMAGE

No. 12-3873.

737 F.3d 1050 (2013)

ISLAND CREEK KENTUCKY MINING, Petitioner, v. Roy P. RAMAGE, Sr.; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

December 17, 2013.


Attorney(s) appearing for the Case

ON BRIEF: William S. Mattingly , Jackson & Kelly PLLC, Morgantown, West Virginia, for Petitioner. Brent Yonts , Brent Yonts, PSC, Greenville, Kentucky for Respondent Ramage. Gary K. Stearman , Ann Marie Scarpino , United States Department of Labor, Washington, D.C., for Federal Respondent.

Before: BATCHELDER, Chief Judge; GUY and MOORE, Circuit Judges.


OPINION

KAREN NELSON MOORE, Circuit Judge.

In this case, the Benefits Review Board ("the Board") affirmed the decision of the administrative law judge ("ALJ") granting Roy P. Ramage Sr.'s claim for federal black lung benefits. Island Creek Kentucky Mining ("Island Creek") petitions for review of that decision claiming that the ALJ erred on several grounds. Moreover, while Ramage benefitted from a presumption revived by recent legislation, Island Creek claims...

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