11th Cir. Allows 2nd Black Lung Claim for ‘Change in Condition’ Despite Prior Denial

ATLANTA — The 11th Circuit has affirmed a decision to award black lung benefits to a miner based on the “change in condition” asserted in his second claim despite the fact that his first claim under the federal Black Lung Benefits Act was denied.

The appellate court said Aug. 19 in an unpublished opinion that the Benefits Review Board did not err in determining that Donald R. Henley showed the requisite “material change in condition” to warrant benefits.

Henley’s attorney filed a motion for $10,118.75 in attorneys’ fees Aug. 28, citing provisions of the Black Lung Act (33 U.S.C. § …