United States Sixth Circuit

Under the Black Lung Benefits Act, 30 USC 901 et seq., the three-year limitations clock begins to tick the first time that a miner is told by a physician that he is totally disabled by pneumoconiosis and not by the resolution of the miner's claim or claims.

Appellate Information

• Decided 09/06/2001
• Published 09/06/2001

Judges

• Before BOGGS and DAUGHTREY, Circuit Judges;  and WEBER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Ronald E. Gilbertson (argued and briefed), Bell, Boyd & Lloyd, Washington, DC, for Petitioner., Jack Kirk, South Pittsburgh, TN, pro se.


• For Appellees:
  
• Patricia Nece (briefed), Jennifer U. Toth (argued and briefed), U.S. Dept. of Labor, Office of the Solicitor, Washington, DC, for Respondent.