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ANTELOPE COAL COMPANY/RIO TINTO ENERGY v. GOODIN

No. 12-9590.

743 F.3d 1331 (2014)

ANTELOPE COAL COMPANY/RIO TINTO ENERGY AMERICA, Petitioner, v. Rolland E. GOODIN; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Tenth Circuit.

March 3, 2014.

Attorney(s) appearing for the Case

William S. Mattingly , Jackson Kelly PLLC, Morgantown, WV, for Petitioner.

Jared L. Bramwell , Kelly & Bramwell, Draper, UT, for Respondent Rolland E. Goodin.

Sean Bajkowski , Counsel for Appellate Litigation ( M. Patricia Smith , Solicitor of Labor, Rae Ellen Frank James , Associate Solicitor, and Rita A. Roppolo , Attorney, with him on the briefs), United States Department of Labor, Office of the Solicitor, Washington, DC, for Respondent United States Department of Labor.

Before KELLY, McKAY, and MATHESON, Circuit Judges.

MATHESON, Circuit Judge.

Rolland E. Goodin worked at surface coal mines for 25 years and smoked cigarettes for more than 40 years. He developed a respiratory condition and filed for benefits under the Black Lung Benefits Act ("BLBA"). 30 U.S.C. §§ 901, et seq. An Administrative Law Judge ("ALJ") awarded Mr. Goodin benefits. His employer, Antelope Coal Company/Rio Tinto Energy America ("Antelope"), appealed, and the Department of Labor Benefits Review...

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