United States Third Circuit

Reset A A Font size: Print

Eighty Four Mining Co. v. Morris, 14-3976

In a petition for review of the U.S. Labor Department Benefits Review Board's award of disability benefits under the Black Lung Benefits Act (BLBA), 30 U.S.C. sections 901-944, the petition is denied where Charles Morris's BLBA claim was timely filed within three years of his receiving a new medical determination of pneumoconiosis because his prior state workers' compensation board determination that he did not have pneumoconiosis served as a misdiagnosis that reset the statute of limitations period for filing a BLBA claim.

Appellate Information

  • Decided
  • Published 2016/02/09

Judges

  • VANASKIE

Court

  • United States Third Circuit

Counsel