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WILGAR LAND v. DIRECTOR, OFFICE OF WORKERS' COMP.

No. 22-3709.

85 F.4th 828 (2023)

WILGAR LAND COMPANY; Old Republic Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR; Linda Rose Adams, obo and widow of Tony Lee Adams, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 31, 2023.

Attorney(s) appearing for the Case

ARGUED: Mark E. Solomons , GREENBERG TRAURIG LLP, Washington, D.C., for Petitioners. William M. Bush , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondent OWCP. Evan B. Smith , APPALRED LEGAL AID, Prestonsburg, Kentucky, for Respondent Adams. ON BRIEF: Mark E. Solomons, Michael A. Pusateri , GREENBERG TRAURIG LLP, Washington, D.C., for Petitioners. William M. Bush, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondent OWCP. Evan B. Smith, APPALRED LEGAL AID, Prestonsburg, Kentucky, for Respondent Adams.

Before: SUTTON, Chief Judge; BATCHELDER and MURPHY, Circuit Judges.

OPINION

The Black Lung Benefits Act authorizes benefits for coal miners who have "pneumoconiosis." The Department of Labor's regulatory definition of this term covers an obstructive lung disease such as emphysema if the disease arises from coal-mine work. Over two decades ago, the Department responded to criticisms...

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