STORY FROM: Benzene & Emerging Toxic Torts Litigation

10th Circuit Affirms Award of Benefits to Coal Miner under Black Lung Benefits Act

DENVER –– The 10th Circuit U.S. Court of Appeals has rejected challenges to an award of benefits to a coal miner under the Black Lung Benefits Act, finding that the ALJ’s determination was based on “substantial evidence.”

In a Dec. 11 opinion, the 10th Circuit specifically found that the claimant had submitted enough evidence to satisfy the 15-year employment requirement under the Act.

Claimant Charles Conley sought benefits under the Black Lung Benefits Act, contending that he had been injured during the course of his work in a miner, during which time he was exposed to silica and coal-mine dust. ...

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