ROCKWOOD CAS. INS. v. DIRECTOR, OWCP

No. 18-9520.

917 F.3d 1198 (2019)

ROCKWOOD CASUALTY INSURANCE COMPANY, Insurer of Hidden Splendor Resources, Inc., Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; Tony Kourianos, Respondents.

United States Court of Appeals, Tenth Circuit.

FILED March 5, 2019.


Attorney(s) appearing for the Case

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

Victoria S. Herman ( Joseph E. Wolfe , with her on the brief), Wolfe Williams & Reynolds, Norton, Virginia, for Tony N. Kourianos, Respondent.

William M. Bush ( Kate S. O'Scannlain , Solicitor of Labor, Kevin Lyskowski , Associate Solicitor, Gary K. Stearman , Counsel for Appellate Litigation, and Rita A. Roppolo , Attorney, on the brief), U.S. Department of Labor, Washington, D.C., for Director, Office of Workers' Compensation Programs, Respondent.

Before BRISCOE, MATHESON, and BACHARACH, Circuit Judges.


Congress enacted the Black Lung Benefits Act ("BLBA"), 30 U.S.C. §§ 901-944, in 1969 to compensate miners with pneumoconiosis, commonly known as "black lung disease." Antelope Coal Co./Rio Tinto Energy Am. v. Goodin, 743 F.3d 1331, 1335 (10th Cir. 2014). The BLBA provides...

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