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CONSOLIDATION COAL COMPANY v. MAYNES

No. 12-3653.

739 F.3d 323 (2014)

CONSOLIDATION COAL COMPANY, Petitioner, v. Lorene MAYNES, widow of Cleving G. Maynes; Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed January 9, 2014.

Attorney(s) appearing for the Case

ARGUED: Amy Jo Holley , Jackson Kelly PLLC, Morgantown, West Virginia, for Petitioner.

John L. Grigsby , Appalachian Research and Defense Fund of Kentucky, Inc., Barbourville, Kentucky, for Respondent Maynes.

Barry H. Joyner , United States Department of Labor, Washington, D.C., for Federal Respondent.

ON BRIEF: Amy Jo Holley , William S. Mattingly , Kathy L. Snyder , Jackson Kelly PLLC, Morgantown, West Virginia, for Petitioner.

John L. Grigsby , Appalachian Research and Defense Fund of Kentucky, Inc., Barbourville, Kentucky, for Respondent Maynes.

Barry H. Joyner , Gary K. Stearman , United States Department of Labor, Washington, D.C., for Federal Respondent.

Before: DAUGHTERY, GIBBONS and DONALD, Circuit Judges.

OPINION

BERNICE BOUIE DONALD, Circuit Judge.

Consolidation Coal Company ("Petitioner") appeals a decision of the U.S. Department of Labor ("DOL") Benefits Review Board ("the Board"), affirming Lorene Maynes's ("Mrs. Maynes") eligibility for survivor's benefits under the Black Lung Benefits Act ("BLBA"), 30 U.S.C. §§ 901-944, as amended by the Patient Protection and Affordable Care Act ("the Affordable Care Act" or "ACA"), Pub.L. No. 111-148, &...

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