GRUNDY MINING CO. v. FLYNN, 01-3111
Administrative Law Judge did not err in finding that a retired miner had established total disability due to pneumoconiosis and is thus entitled to an award of black lung benefits. Because defendant's current claim was filed after the effective date of the Black Lung Benefits Reform Act, liability remains with the plaintiff as the responsible operator.
- Decided 12/23/2003
- Published 12/23/2003
Before MOORE and GILMAN, Circuit Judges; ROSEN, District Judge.
United States Sixth Circuit
Ronald E. Gilbertson (argued and briefed), Bell, Boyd & Lloyd, Washington, DC, for Petitioner.
Mary Forrest-Doyle (argued), Christian P. Barber, Edward Waldman (briefed), United States Department of Labor, Washington, DC, for Respondents.