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ISLAND CREEK COAL COMPANY v. LOONEY

No. 20-1888.

ISLAND CREEK COAL COMPANY, Petitioner, v. DANIEL LOONEY; DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: April 24, 2024.

Attorney(s) appearing for the Case

ARGUED: William Steele Mattingly , JACKSON KELLY PLLC, Lexington, Kentucky, for Petitioner.

Brad Anthony Austin , WOLFE, WILLIAMS & REYNOLDS, Norton, Virginia; William M. Bush , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondents.

ON BRIEF: Jeffrey R. Soukup , JACKSON KELLY PLLC, Lexington, Kentucky, for Petitioner.

Elena S. Goldstein , Deputy Solicitor, Barry H. Joyner , Associate Solicitor, Jennifer L. Feldman , Deputy Associate Solicitor, Gary K. Stearman , Counsel for Appellate Litigation, Cynthia Liao , Office of the Solicitor, UNITED STATES DEPARTMENT OF LABOR, for Respondent Director, Office of Workers' Compensation Programs.

Petition for review granted; Benefits Review Board decision vacated and remanded by unpublished opinion. Judge Ballou wrote the opinion in which Judge Gregory and Judge Agee joined.

UNPUBLISHED

Unpublished opinions are not binding precedent in this circuit.

Daniel Looney applied for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq. ("Act"), claiming that he suffered from coal dust induced pneumoconiosis as a result of his work as a coal...

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