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ABERRY COAL, INC. v. FLEMING

No. 15-3999.

843 F.3d 219 (2016)

ABERRY COAL, INCORPORATED; Arrowpoint Capital Inc., c/o Underwriters Safety & Claims, Petitioners, v. Joseph FLEMING; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 1, 2016.

Attorney(s) appearing for the Case

ON BRIEF: John R. Sigmond , Nathaniel Dale Moore , Penn, Stuart & Eskridge, Bristol, Virginia, for Petitioners. Joseph Wolfe , Wolfe Williams & Reynolds, Norton, Virginia, for Respondent Fleming.

LEVY, D.J., delivered the opinion of the court in which KETHLEDGE, J., joined, and BATCHELDER, J., joined in the result. BATCHELDER, J. (pp. 225-26), delivered a separate opinion concurring in the judgment.

OPINION

Under the Black Lung Benefits Act ("BLBA"), an Administrative Law Judge ("ALJ") must determine, using a reasonable method of calculation and based on substantial evidence, how long a coal worker was employed in coal-mine work. If the length of employment...

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