United States Eleventh Circuit

Award of black lung benefits under the Black Lung Benefits Act is affirmed over plaintiff-employer's challenges that the wrong legal standard was used in evaluating the victim's condition and that the Administrative Law Judge reached the wrong decision on the merits.

Appellate Information

• Decided 09/28/2004
• Published 09/28/2004

Judges

• MARCUS, Circuit Judge:, Before BIRCH, MARCUS and BRUNETTI , Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• James N. Nolan, Walston, Wells, Anderson & Bains, LLP, Birmingham, AL, for Petitioner.


• For Appellees:
  
• Thomas E. Johnson, Johnson, Jones, Snelling, Gilbert & Davis, P.C., Chicago, IL, Jennifer U. Toth, Patricia M. Nece, Michelle S. Gerdano, Christian P. Barber, Richard Seid, U.S. Dept. of Labor, Washington, DC, for Respondents.