6th Circuit Affirms Liability of Arkansas Coals 17 Years After Mining Company Absolved

CINCINNATI – The 6th Circuit has affirmed an award of black lung benefits assessed against Arkansas Coals Inc., ruling that a finding of no liability 17 years ago on a claim by the same miner did not bar a different ruling now.

The Circuit Court on Jan. 9 rejected Arkansas Coals' collateral estoppel, waiver and finality arguments in ruling for former miner Albert Lawson and awarding benefits under the federal Black Lung Benefits Act (30 U.S.C. 901).

At issue was a second claim for benefits filed by Lawson, who contended that an existing lung condition had worsened and he was …