CONSOLIDATION COAL v. DIRECTOR, OWCP

No. 16-9524.

864 F.3d 1142 (2017)

CONSOLIDATION COAL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor; Kirk Hanna, Personal Representative on behalf of the Estate of Judy K. Noyes, Respondents.

United States Court of Appeals, Tenth Circuit.

Filed July 25, 2017.


Attorney(s) appearing for the Case

Cheryl L. Intravaia , Feirich/Mager/Green/Ryan, Carbondale, Illinois, for Petitioner.

Sean G. Bajkowski , Counsel for Appellate Litigation, U.S. Department of Labor, Office of the Solicitor, Washington, D.C. ( M. Patricia Smith , Solicitor of Labor, Maia S. Fisher , Acting Associate Solicitor, and Emily Goldberg-Kraft , Attorney, United States Department of Labor, Office of the Solicitor, Washington, D.C., with him on the brief), for Director, Office of Workers' Compensation Programs, Respondent.

Jared L. Bramwell , Kelly & Bramwell, P.C., Draper, Utah, for Kirk Hanna, Respondent.

Before TYMKOVICH, Chief Judge, LUCERO and MORITZ, Circuit Judges.


Consolidation Coal ("Consolidation") seeks review of a decision by the Department of Labor ("DOL") awarding survivor's benefits to Judy Noyes under the Black Lung Benefits Act ("BLBA"), 30 U.S.C. §§ 901-944. The administrative law judge ("ALJ") assigned to the case determined that Mrs. Noyes was entitled to a statutory...

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