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CENTRAL OHIO COAL v. DIRECTOR, OFF. OF WORKERS'

No. 13-3712.

762 F.3d 483 (2014)

CENTRAL OHIO COAL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS; Larry T. Sterling, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 7, 2014.

Attorney(s) appearing for the Case

ARGUED: William S. Mattingly , Jackson Kelly PLLC, Morgantown, WV, for Petitioner. Sean G. Bajkowski , United States Department of Labor, Washington, D.C., for Federal Respondent. Heath M. Long , Pawlowski, Bilonick & Long, Edensburg, PA, for Respondent Sterling. ON BRIEF: William S. Mattingly , Jackson Kelly PLLC, Morgantown, WV, for Petitioner. Sean G. Bajkowski , Helen H. Cox , United States Department of Labor, Washington, D.C., for Federal Respondent. Heath M. Long , Pawlowski, Bilonick & Long, Edensburg, Pennsylvania, for Respondent Sterling.

Before: SILER, CLAY, and GIBBONS, Circuit Judges.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Larry Sterling, a former coal miner for Central Ohio Coal Company, received a favorable decision from an administrative law judge (ALJ) declaring him eligible for benefits under the Black Lung Benefits Act. The Department of Labor's Benefits Review Board affirmed the decision on appeal. Central Ohio now petitions this court to review the award. It contends that the ALJ wrongly applied the statutory presumption...

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