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ISLAND CREEK COAL CO. v. WILKERSON

No. 18-3147.

910 F.3d 254 (2018)

ISLAND CREEK COAL COMPANY, Petitioner, v. Jay H. WILKERSON; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 3, 2018.

Attorney(s) appearing for the Case

ON BRIEF: William S. Mattingly , JACKSON KELLY, PLLC, Lexington, Kentucky, for Petitioner. Brent Yonts , YONTS, SHERMAN & DRISKILL, PSC, Greenville, Kentucky, for Respondent Wilkerson. Daniel Aguilar , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., Gary K. Stearman , Jeffrey S. Goldberg , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Federal Respondent.

Before: BATCHELDER, SUTTON, and WHITE, Circuit Judges.

OPINION

The Benefits Review Board awarded benefits to Jay Wilkerson under the Black Lung Benefits Act. The Island Creek Coal Company asks us to vacate that award on two grounds: The administrative law judge lacked authority to hear the case under the Appointments Clause, and the evidence does not support the award...

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