EASTERN ASSOCIATED COAL CORP. v. DIRECTOR, OWCP

No. 14-1923.

805 F.3d 502 (2015)

EASTERN ASSOCIATED COAL CORPORATION, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor; Clara Sue Toler, Administratrix of the Estate of Arvis R. Toler, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: November 6, 2015.


Attorney(s) appearing for the Case

ARGUED: Mark Elliott Solomons , Greenberg Traurig, LLP, Washington, D.C., for Petitioner. Evan Barret Smith , Appalachian Citizens Law Center, Whitesburg, Kentucky; Jeffrey Steven Goldberg , United States Department of Labor, Washington, D.C., for Respondents. ON BRIEF: Laura Metcoff Klaus , Greenberg Traurig, LLP, Washington, D.C., for Petitioner. M. Patricia Smith , Solicitor of Labor, Rae Ellen Frank James , Associate Solicitor, Gary K. Stearman , Counsel for Appellate Litigation, Office of the Solicitor, United States Department of Labor, Washington, D.C., for Respondent Director, Office of Workers' Compensation Programs.

Petition for review denied by published opinion. Judge KING wrote the opinion, in which Judge MOTZ and Judge GREGORY joined.


Eastern Associated Coal Corporation petitions for review of the 2014 decision of the Benefits Review Board (the "BRB") affirming an award of black lung benefits to Arvis R. Toler. Toler first applied for black lung benefits in 1993, but that claim was denied. In granting Toler's second claim for benefits, which was filed in...

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