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SEA "B" MIN. CO. v. ADDISON

No. 14-2324.

831 F.3d 244 (2016)

SEA "B" MINING COMPANY, c/o HealthSmart Casualty Claims Solutions, Petitioner, v. Shirley ADDISON, widow of Jerry Addison, deceased; Director, Office Of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: July 29, 2016.

Attorney(s) appearing for the Case

ARGUED: Timothy Ward Gresham , PennStuart, Abingdon, Virginia, for Petitioner. Victoria Susannah Herman , Wolfe Williams & Reynolds, Norton, Virginia, for Respondent Shirley Addison. ON BRIEF: Joseph E. Wolfe , Wolfe Williams & Reynolds, Norton, Virginia, for Respondent Shirley Addison.

Petition for review granted; order vacated and remanded by published opinion. Judge Agee wrote the opinion, in which Judge Niemeyer and Judge Duncan joined.

Jerry Addison applied for financial assistance under the Black Lung Benefits Act, 30 U.S.C. §§ 901-944 ("the Act"), claiming that he suffered from coal-dust induced pneumoconiosis as a result of his prior work as a coal miner. Over conflicting medical evidence, an Administrative Law Judge ("ALJ") found that Addison...

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