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JIM WALTER RESOURCES v. DIRECTOR, OWCP

No. 13-13185.

766 F.3d 1333 (2014)

JIM WALTER RESOURCES, INC., Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, Viola L. Davis, o.b.o. Johnny E. Davis, deceased, Respondents.

United States Court of Appeals, Eleventh Circuit.

September 12, 2014.

Attorney(s) appearing for the Case

John Cox Webb , Aaron Douglas Ashcraft , Lloyd Gray Whitehead & Monroe, PC, Birmingham, AL, for Petitioner.

Helen Hart Cox , Barry H. Joyner , Gary Stearman , U.S. Department of Labor Office of the Solicitor, Washington, DC, Thomas Lavon Carmichael , Carmichael Law Firm, Jasper, AL, for Respondents.

Viola L. Davis, Bessemer, AL, pro se.

Before JORDAN and BENAVIDES, Circuit Judges, and RYSKAMP, District Judge.

BENAVIDES, Circuit Judge:

Before the court is a petition for review of an award of survivor's benefits pursuant to the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. (2012). Because we conclude that the benefits were correctly awarded, we deny the petition.

BACKGROUND

This case involves a widow whose husband had been awarded lifetime benefits under the Black Lung Benefits Act, which affords compensatory payments to certain miners suffering...

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