BIG HORN COAL CO. v. SADLER

No. 17-9558.

924 F.3d 1317 (2019)

BIG HORN COAL CO., Petitioner, v. Sylvia SADLER, widow of o/b/o Edgar Sadler, deceased; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Tenth Circuit.

FILED June 4, 2019.


Attorney(s) appearing for the Case

John S. Lopatto III , Washington, D.C., for Petitioner.

Evan B. Smith , Appalachian Citizens' Law Center, Whitesburg, Kentucky, for Sylvia Sadler, Respondent.

Ann Marie Scarpino ( Kate S. O'Scannlain , Solicitor of Labor, Maia S. Fisher , Associate Solicitor, Gary K. Stearman , Counsel for Appellate Litigation, with her on the brief), U.S. Department of Labor, Washington, D.C., for Director, Office of Workers' Compensation Programs, Respondent.

Before BACHARACH, BALDOCK, and EBEL, Circuit Judges.


Big Horn Coal Company petitions this court to review the judgment of the Department of Labor Benefits Review Board ("Board") awarding benefits to Edgar Sadler, a then-living miner, under the Black Lung Benefits Act (BLBA or "the Act"), 30 U.S.C. §§ 901-944 (2016). The BLBA compensates coal miners who become totally...

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