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PEABODY COAL v. DIR., OFF. OF WORKERS COMP. PROG'S

No. 12-70535.

746 F.3d 1119 (2014)

PEABODY COAL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS; U.S. Department of Labor; Robert Dale OPP, Deceased, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed April 1, 2014.

Attorney(s) appearing for the Case

Mark E. Solomons and Laura Metcoff Klaus , Greenberg Traurig, LLP, Washington, D.C., for Petitioner.

Jeffrey S. Goldberg , United States Department of Labor, Washington, D.C., for Respondent.

Martin J. Linnet and Jonathan Wilderman , Wilderman and Linnet, P.C., Golden, Colorado, for Respondent.

Before: HARRY PREGERSON, MARY H. MURGUIA, and MORGAN CHRISTEN, Circuit Judges.

OPINION

PREGERSON, Circuit Judge:

In 2000, Robert Opp ("Opp") filed a disability benefits claim against Peabody Coal Company ("Peabody") under the Black Lung Benefits Act of 1972. 30 U.S.C. § 901(a). Opp, a coal miner for nearly forty years, smoked for over fifty years. In the mid-1990s, Opp began suffering from chronic obstructive pulmonary disease ("COPD"). Opp alleged that his COPD arose out of his employment...

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