6th Circuit Affirms Black Lung Benefits Award for Coalmine Worker Whose Employment was Aboveground

CINCINNATI –– The 6th Circuit U.S. Court of Appeals has upheld an award of black lung benefits to a former coalmine worker, finding an administrative law judge did not err when it applied a presumption for workers whose employment was completed above ground.

In the Aug. 7 opinion, the 6th Circuit also found no fault with the ALJ’s decision to discredit some medical testimony proffered in the case and its conclusion as to the claimant’s smoking history.

Under the Black Lung Benefits Act, coal miners are entitled to black-lung benefits if they demonstrate total disability as a result of pneumoconiosis.