United States Third Circuit

ResetAA Font size: Print

Helen Mining Co v. Elliott, 16-1058

In a suit under the Black Lung Benefits Act (BLBA), 30 U.S.C. sections 901-45, which confers on coal workers generally the right to claim workers' compensation benefits for disabilities arising out of coal dust exposure, the Benefits Review Board's award of benefits is affirmed and the operator's petition for review is denied where: 1) operators are subject to the regulation's rebuttal standard because a 2013 regulation, specifying the standard a coal mine operator must meet to rebut the presumed element of disability causation, permissibly fills a statutory gap in the legislation; and 2) the record adequately supports the ALJ’s conclusion that the operator did not meet that rebuttal standard in this case.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/06/14

Judges

  • KRAUSE

Court

  • United States Third Circuit

Counsel


FindLaw Career Center


      Post a Job  |  View More Jobs

    View More