United States Sixth Circuit

Administrative Law Judge did not err in finding that a retired miner had established total disability due to pneumoconiosis and is thus entitled to an award of black lung benefits. Because defendant's current claim was filed after the effective date of the Black Lung Benefits Reform Act, liability remains with the plaintiff as the responsible operator.

Appellate Information

• Decided 12/23/2003
• Published 12/23/2003

Judges

• Before MOORE and GILMAN, Circuit Judges;  ROSEN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Ronald E. Gilbertson (argued and briefed), Bell, Boyd & Lloyd, Washington, DC, for Petitioner.


• For Appellees:
  
• Mary Forrest-Doyle (argued), Christian P. Barber, Edward Waldman (briefed), United States Department of Labor, Washington, DC, for Respondents.