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SHEPHERD v. INCOAL, INC.

No. 17-4313.

915 F.3d 392 (2019)

Imogene SHEPHERD, Widow of Tramble Shepherd, Petitioner, v. INCOAL, INC.; American Business & Mercantile Insurance Mutual, Inc.; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 6, 2019.

Attorney(s) appearing for the Case

ARGUED: Evan B. Smith , APPALACHIAN CITIZENS' LAW CENTER, Whitesburg, Kentucky, for Petitioner. Laura Metcoff Klaus , GREENBERG TRAURIG LLP, Washington, D.C., for Respondents Incoal and American Business & Mercantile Insurance. Jeffrey S. Goldberg , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Federal Respondent. ON BRIEF: Evan B. Smith , APPALACHIAN CITIZENS' LAW CENTER, Whitesburg, Kentucky, for Petitioner. Laura Metcoff Klaus , GREENBERG TRAURIG LLP, Washington, D.C., for Respondents Incoal and American Business & Mercantile Insurance. Jeffrey S. Goldberg , Sean G. Bajkowski , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Federal Respondent.

Before: DAUGHTREY, GIBBONS, and GRIFFIN, Circuit Judges.

OPINION

More than ten years ago, claimant Imogene Shepherd filed for survivor's benefits under the Black Lung Benefits Act (BLBA), 30 U.S.C. §§ 901-944, contending that her husband, a coal miner, died from respiratory complications exacerbated by exposure to coal dust during his years working...

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