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BLUE MOUNTAIN v. OFFICE OF WORKERS' COMP. PROG.

No. 14-9561.

805 F.3d 1254 (2015)

BLUE MOUNTAIN ENERGY; Old Republic Insurance Company, Incorporated, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; Terry O. Gunderson, Respondents.

United States Court of Appeals, Tenth Circuit.

November 13, 2015.

Attorney(s) appearing for the Case

Mark E. Solomons ( Laura Metcoff Klaus , with him on the briefs), of Greenberg Traurig LLP, Washington D.C., for Petitioners.

Barry H. Joyner , Attorney ( M. Patricia Smith , Solicitor of Labor; Rae Ellen James , Associate Solicitor; Gary K. Stearman , Counsel for Appellate Litigation, with him on the brief) of United States Department of Labor, Office of the Solicitor, Washington, D.C., for Respondent, Director, Office of Workers' Compensation Programs, United States Department of Labor.

Anne Megan Davis ( Thomas E. Johnson with her on the brief), of Johnson, Jones, Snelling, Gilbert & Davis, PC, Chicago, Illinois, for Respondent, Terry Gunderson.

Before BRISCOE, HOLMES and MORITZ, Circuit Judges.

Blue Mountain Energy (Blue Mountain) petitions for review of a Benefits Review Board (the Board) decision affirming an award of black lung benefits to Terry Gunderson. An administrative law judge (ALJ) originally denied benefits under the Black Lung Benefits Act (BLBA), 30 U.S.C. §§ 901-945, and Gunderson appealed...

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