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HELEN MIN. CO. v. ELLIOTT

No. 16-1058.

859 F.3d 226 (2017)

HELEN MINING COMPANY, Petitioner, v. James E. ELLIOTT, Sr.; Director Office of Workers' Compensation Programs United States Department of Labor, Respondents.

United States Court of Appeals, Third Circuit.

Filed: June 14, 2017.

Attorney(s) appearing for the Case

Christopher Pierson, Esq. (Argued), Burns White 48 26th Street Burns White Center Pittsburgh, PA 15212, Attorney for Petitioner Helen Mining Co.

Robert J. Bilonick, Esq. , Heath M. Long, Esq. (Argued), Pawlowski Bilonick & Long, 603 North Julian Street, P.O. Box 658, Ebensburg, PA 15931, Attorney for Claimant-Respondent James E. Elliott, Sr.

Sean Bajkowski, Esq. (Argued), Rae Ellen James, Esq. , Kathleen H. Kim, Esq. , United States Department of Labor, Office of the Solicitor, Room N-2117, 200 Constitution Avenue, N.W., Washington, DC 20210, Attorney for Federal Respondent Director, Office of Workers' Compensation Programs

Before: JORDAN, VANASKIE, and KRAUSE, Circuit Judges.

OPINION OF THE COURT

The Black Lung Benefits Act (BLBA) confers on coal workers generally the right to claim workers' compensation benefits for disabilities arising out of coal dust exposure. 30 U.S.C. §§ 901-45. Typically, the burden of proof rests on the miner to

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