United States Fourth Circuit

Award of black lung benefits to respondent under the Federal Coal Mine Health & Safety Act of 1969 is affirmed over claims that: 1) respondent's second claim for benefits was untimely; 2) the ALJ was biased against petitioner and coal mine companies in general; 3) the ALJ abused its discretion in making certain discovery and evidentiary rulings; and (4) the ALJ improperly credited the opinions of experts in awarding benefits to respondent.

Appellate Information

• Argued 05/26/2006
• Decided 07/13/2006
• Published 07/13/2006

Judges

• Before MOTZ, GREGORY, and DUNCAN, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  William Steele Mattingly, JACKSON & KELLY, P.L.L.C., Morgantown, West Virginia, for Petitioner.  Helen Hart Cox, UNITED STATES DEPARTMENT OF LABOR, Office of Workers' Compensation Programs, Washington, D.C.;  Robert F. Cohen, Jr., COHEN, ABATE & COHEN, Morgantown, West Virginia, for Respondents.   ON BRIEF:  Howard M. Radzely, Solicitor of Labor, Christian P. Barber, Counsel for Appellate Litigation, UNITED STATES DEPARTMENT OF LABOR, Office of the Solicitor, Washington, D.C., for Respondent Director, Office of Workers' Compensation Programs.