United States Sixth Circuit

Office of Workers' Compensation Programs order granting benefits to Respondent-Employee under the Black Lung Benefits Act is affirmed. Respondent-Employee's claim for benefits was timely under 20 C.F.R. section 725.308(a), because section 725.308(a)'s statute of limitations begins to run only when a miner receives a valid diagnosis of pneumoconiosis.

Appellate Information

• Decided 02/17/2009
• Published 02/17/2009

Judges

• Before:  McKEAGUE and GRIFFIN, Circuit Judges;  WEBER, Senior District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Ronald E. Gilbertson, Bell, Boyd & Lloyd, Washington, D.C., for Petitioner.  Rita Ann Roppolo, United States Department of Labor, Washington, D.C., Sidney B. Douglass, Harlan, Kentucky, for Respondents.   ON BRIEF:  Ronald E. Gilbertson, Bell, Boyd & Lloyd, Washington, D.C., for Petitioner.  Rita Ann Roppolo, United States Department of Labor, Washington, D.C., Sidney B. Douglass, Harlan, Kentucky, for Respondents.