Andersen v. Dir., Office of Workers' Comp. Programs, 05-9550
Because a claimant suffering from Chronic Obstructive Pulmonary Disease (COPD) must prove his COPD arose out of coal-mine employment to prove he suffers from legal pneumoconiosis, a statutory rebuttable presumption on causation of pneumoconiosis established by the Black Lung Benefits Act and its implementing regulations does not extend to cases of COPD.
- Decided 07/26/2006
- Published 07/26/2006
BALDOCK, Circuit Judge., Before BRISCOE, BALDOCK, and TYMKOVICH, Circuit Judges.
United States Tenth Circuit
Stephen D. Harris of Merrill, Anderson, King & Harris, LLC, Colorado Springs, CO, for Petitioner., W.C. Blanton of Blackwell Sanders Peper Martin, LLP, Kansas City, MO, for Intervenors.
Barry H. Joyner, United States Department of Labor, Office of the Solicitor (Howard M. Radzely, Solicitor of Labor; Allen H. Feldman, Assistant Solicitor; Christian P. Barber, Counsel for Appellate Litigation, with him on the brief), for Respondent.