United States Third Circuit
Helen Mining Co. v. Obush, 09-3438
In a petition for review of a decision awarding disability benefits under the Black Lung Benefits Act, 30 U.S.C. sections 901-945, petition is denied where claim by retiree sixteen years after he last worked for petitioner was not time-barred because a medical determination of total disability due to pneumoconiosis predating a prior, final denial of benefits is deemed a misdiagnosis and thus, cannot trigger the statute of limitations for filing a subsequent claim.
Appellate Information
- Decided 04/12/2011
- Published 04/13/2011
Judges
- NYGAARD
Court
- United States Third Circuit