WEST VIRGINIA CWP FUND v. DIRECTOR, OWCP

No. 16-2453.

880 F.3d 691 (2018)

WEST VIRGINIA CWP FUND, as carrier for Mountaineer Coal Development, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; Lonnie A. Smith, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: January 26, 2018.


Attorney(s) appearing for the Case

ARGUED: Jeffrey Robert Soukup , JACKSON KELLY PLLC, Lexington, Kentucky, for Petitioner. Leonard J. Stayton , Inez, Kentucky, for Respondents. ON BRIEF: William S. Mattingly , JACKSON KELLY PLLC, Lexington, Kentucky, for Petitioner.

Petition for review denied by published opinion. Judge Harris wrote the opinion, in which Judge Keenan and Judge Diaz joined.


Petitioner West Virginia Coal Workers' Pneumoconiosis Fund seeks review of a decision awarding black-lung benefits to former coal miner Lonnie A. Smith. An administrative law judge ("ALJ") found that Smith was entitled to benefits under the "fifteen-year presumption" of the Black Lung Benefits Act: Because Smith had...

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