United States Sixth Circuit
Conley v. Nat'l Mines Corp., 09-3039
Order of the Benefits Review Board reversing an Administrative Law Judge's award of black lung benefits on a widow's claim filed by petitioner under the Black Lung Benefits Act after her husband died of metastatic lung cancer is affirmed as the Board did not err in concluding that the decedent's treating physician's opinion was insufficient to carry the widow's burden of proof, based on the standard previously articulated in Eastover Mining Co. v. Williams, 338 F.3d 501 (6th Cir. 2003).
Appellate Information
- Argued 01/12/2010
- Decided 02/12/2010
- Published 02/12/2010
Judges
- Before BATCHELDER, Chief Judge; SUTTON, Circuit Judge; WISEMAN, District Judge.
Court
- United States Sixth Circuit
Counsel
- For Appellees:
- ARGUED:James D. Holliday, Hazard, Kentucky, for Petitioner. Laura Metcoff Klaus, Greenberg Traurig, Washington, D.C., for Respondents. ON BRIEF:James D. Holliday, Hazard, Kentucky, for Petitioner. Laura Metcoff Klaus, Mark Elliott Solomons, Greenberg Traurig, Washington, D.C., for Respondents.