ALJ Error – Disability Benefits

Listen to this article

7^th Circuit Court of Appeals

Case Name: Consolidation Coal Company v. Director, Office of Workers Compensation Programs, et al.

Case No.: 18-2097

Officials: FLAUM, RIPPLE, and MANION, Circuit Judges.

Focus: ALJ Error – Disability Benefits

Ralph Ross worked as a coal miner for approximately thirty years. He smoked cigarettes for almost as long but was able to quit after his first heart attack. Ross continued to work as a coal miner even though he suffered another heart attack and had difficulty breathing at work. Approximately six years after Ross stopped working in the coal mines, his breathing problems became severe.

On January 19, 2012, Ross filed a claim for benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. At first, the administrative law judge (“ALJ”) denied Ross’s claim. Ross petitioned the United States Department of Labor’s Benefits Review Board (the “Board”) for review, and the Board vacated and remanded the ALJ’s decision for further consideration. On remand, the ALJ granted Ross’s claim. Ross’s former employer, petitioner Consolidation Coal Company (the “Employer”), petitioned the Board for review, and the Board affirmed the ALJ’s subsequent decision. Then the Employer filed this appeal. We enforce the decision of the Board.

Affirmed

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Derek oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.