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ISLAND FORK CONST. v. BOWLING

No. 16-4319.

872 F.3d 754 (2017)

ISLAND FORK CONSTRUCTION, Petitioner, v. Jimmy BOWLING; Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 29, 2017.

Attorney(s) appearing for the Case

ON BRIEF: H. Brett Stonecipher , FOGLE KELLER PURDY, Lexington, Kentucky, for Petitioner. Joseph E. Wolfe , M. Rachel Wolfe , WOLFE WILLIAMS & REYNOLDS, Norton, Virginia, for Respondent Bowling. Gary K. Stearman , Jeffrey S. Goldberg , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for the Federal Respondent.

Before: MOORE, STRANCH, and DONALD Circuit Judges.

OPINION

Jimmy Bowling worked as a coal miner for close to three decades. There is no dispute that he is eligible for benefits under the Black Lung Benefits Act. The question is who should pay the benefits to this disabled miner given that the responsible mine operator and the company that insured that operator...

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