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HUSCOAL v. DIR., OFFICE OF WORKERS' COMPENSATION

No. 21-3937.

48 F.4th 480 (2022)

HUSCOAL, INC.; Security Insurance Company of Hartford, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor; Benefits Review Board; Peggy Clemons, Widow of and on behalf of James Clemons, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 7, 2022.

Attorney(s) appearing for the Case

ARGUED: James M. Poerio , POERIO & WALTER, INC., Pittsburgh, Pennsylvania, for Petitioners. Mary Rachel Wolfe , WOLFE WILLIAMS & REYNOLDS, Norton, Virginia, for Respondent Peggy Clemons. ON BRIEF: James M. Poerio , POERIO & WALTER, INC., Pittsburgh, Pennsylvania, for Petitioners. Brad A. Austin , WOLFE WILLIAMS & REYNOLDS, Norton, Virginia, for Respondent Peggy Clemons.

GILMAN, J., delivered the opinion of the court in which GRIFFIN and THAPAR, JJ., joined. THAPAR, J. (p. 494), delivered a separate concurring opinion.

OPINION

James Clemons died from chronic obstructive pulmonary disease (COPD) in 2015. His widow, Peggy Clemons, filed a claim for survivor's benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq., contending that her deceased husband's respiratory illness was caused by his coal...

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