United States Fourth Circuit

Petition for review of holding that petitioner's deceased husband's Black Lung disease was not proven to be complicated is granted and remanded for award of benefits as testimony of doctors in the proceedings below was sufficient to trigger the irrebuttable resumption of causation codified in 20 C.F.R. section 718.304 and 30 U.S.C. section 921(c)(3).

Appellate Information

• Argued 01/31/2006
• Decided 11/20/2006
• Published 11/20/2006

Judges

• Before WIDENER, WILLIAMS, and MOTZ, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Leonard Joseph Stayton, Inez, Kentucky, for Petitioner.   Jeffrey Steven Goldberg, United States Department of Labor, Office of the Solicitor, Washington, D.C., for Respondent Director, Office of Workers' Compensation Programs.  Christopher Michael Hunter, Jackson & Kelly, P.L.L.C., Charleston, West Virginia, for Respondent MYNU Coals, Incorporated/Hobet Mining Company.   ON BRIEF:  Howard M. Radzely, Solicitor of Labor, Christian P. Barber, for Appellate Litigation, United States Department Of Labor, Washington, D.C., for Respondent Director, Office of Workers' Compensation Programs.  Douglas A. Smoot, Jackson & Kelly, P.L.L.C., Charleston, West Virginia, for Respondent MYNU Coals, Incorporated/Hobet Mining Company.