United States Fourth Circuit

Award of benefits to respondent under the Black Lung Benefits Act, 30 U.S.C. sections 901-945, is vacated on the ground that, in rejecting petitioner's statute of limitations defense, the Benefits Review Board relied upon an invalid ground - i.e., that petitioner failed to offer proof that respondent received written notice that he was totally disabled due to pneumoconiosis more than three years before he filed his black lung claim.

Appellate Information

• Argued 07/26/2006
• Decided 08/08/2006
• Published 08/08/2006

Judges

• Before TRAXLER and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Ashley Marie Harman, 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.;  Sandra M. Fogel, Culley & Wissore, Carbondale, Illinois, for Respondents.   ON BRIEF:  Douglas A. Smoot, Kathy L. Snyder, Jackson & Kelly, P.L.L.C., Morgantown, West Virginia, for Petitioner.  Mary Z. Natkin, James M. Phemister, Washington & Lee University School of Law, Legal Clinic, Lexington, Virginia, for Respondent Manford Henline;  Howard M. Radzely, Solicitor of Labor, Patricia M. Nece, for Appellate Litigation, United States Department of Labor, Office of Workers' Compensation Programs, Washington, D.C., for Federal Respondent.