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AMERICAN ENERGY, LLC v. DIR., OWCP

No. 22-1740.

106 F.4th 319 (2024)

AMERICAN ENERGY, LLC, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; Candita Goode, o/b/o The Estate of Bruce E. Goode, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: July 1, 2024.

Attorney(s) appearing for the Case

John R. Sigmond, PENN, STUART & ESKRIDGE, Bristol, Tennessee, for Petitioner. Brad Anthony Austin, WOLFE WILLIAMS & REYNOLDS, Norton, Virginia, for Respondents.

Petition for review granted; order vacated and remanded by published opinion. Judge Quattlebaum wrote the opinion, in which Judge Richardson joined. Judge Benjamin wrote a dissenting opinion.

American Energy petitions for review of the Benefits Review Board's award of black lung benefits to the surviving wife of the late Bruce E. Goode. Mr. Goode worked for American Energy as a coal miner and suffered from a severe chronic obstructive pulmonary disability. Because Mr. Goode was a long-time cigarette smoker...

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