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NAVISTAR, INC. v. FORESTER

No. 13-3994.

767 F.3d 638 (2014)

NAVISTAR, INC., Petitioner, v. Terry FORESTER; Director, Office of Workers' Compensation Programs; Benefits Review Board; United States Department Of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 12, 2014.

Attorney(s) appearing for the Case

ARGUED: H. Kent Hendrickson , Rice & Hendrickson, Harlan, Kentucky, for Petitioner. Jeffrey S. Goldberg , United States Department of Labor, Washington, D.C., for Federal Respondent. Stephen A. Sanders , Appalachian Citizens' Law Center, Whitesburg, Kentucky, for Respondent Forester. ON BRIEF: H. Kent Hendrickson , Rice & Hendrickson, Harlan, Kentucky, for Petitioner. Sean G. Bajkowski , Rita Roppolo , United States Department of Labor, Washington, D.C., for Federal Respondent. Stephen A. Sanders , Evan B. Smith , Appalachian Citizens' Law Center, Whitesburg, Kentucky, for Respondent Forester.

Before: COOK and GRIFFIN, Circuit Judges; RICE, District Judge.

OPINION

RICE, District Judge.

At issue in this case is whether work as a federal mine inspector is qualifying coal mine employment under the Black Lung Benefits Act ("BLBA"), 30 U.S.C. §§ 901-944, as amended by § 1556 of the Patient Protection and Affordable Care Act, Pub.L. No. 111-148, § 1556, 124 Stat. 119, 260 (2010). This is a matter of first impression in the Sixth Circuit.

Respondent-Claimant Terry Forester was awarded...

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