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ISLAND CREEK COAL COMPANY v. MAYNARD ON BEHALF OF MAYNARD

No. 23-3238.

87 F.4th 802 (2023)

ISLAND CREEK COAL COMPANY, Petitioner, v. Elizabeth MAYNARD ON BEHALF and widow OF Jennings MAYNARD; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 4, 2023.

Attorney(s) appearing for the Case

ON BRIEF: Joseph D. Halbert , SHELTON, BRANHAM & HALBERT, PLLC, Lexington, Kentucky, for Petitioner. Jacob Thomas Moak , MOAK & NUNNERY, P.S.C., Prestonsburg, Kentucky for Respondent Elizabeth Maynard.

Before: MOORE, MURPHY, and MATHIS, Circuit Judges.

OPINION

Jennings Maynard worked in the coal-mining industry for over forty-three years and developed severe respiratory issues. Maynard filed a claim for benefits under the Black Lung Benefits Act, but he died while his claim was still pending. Maynard's widow, Elizabeth Maynard, filed a claim for survivor...

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