United States Tenth Circuit

Petition to review Department of Labor order granting black lung benefits to Petitioner's employee is denied, where the ALJ's determination that coal dust caused the employee's disease was supported by substantial evidence.

Appellate Information

• Decided 02/20/2009
• Published 02/20/2009

Judges

• GORSUCH, Circuit Judge., Before McCONNELL, EBEL, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• William S. Mattingly, of Jackson Kelly, PLLC, Morgantown, WV, for Petitioner.


• For Appellees:
  
• Martin J. Linnet (Jonathan Wilderman with him on the brief), of Wilderman & Linnet, P.C., Denver, CO, for Respondent John Oliver., Helen H. Cox, Attorney (Gregory F. Jacob, Solicitor of Labor;  Rae Ellen James, Acting Associate Solicitor;  and Patricia M. Nece, Counsel for Appellate Litigation, with her on the brief), U.S. Department of Labor, Washington, D.C., for Respondent Office of Workers' Compensation Programs.