SOUTHERN OHIO COAL COMPANY; CONSOL ENERGY, INC. v. DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR; DONALD HUNTER - Articles

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SOUTHERN OHIO COAL COMPANY; CONSOL ENERGY, INC. v. DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR; DONALD HUNTER

Posted by: Azya Thornton on Feb 11, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: Christopher L. Wildfire, SUTTERWILLIAMS, LLC, Pittsburgh, Pennsylvania, for Petitioners.

Attorneys 2: ON BRIEF: Wes Addington, APPALACHIAN CITIZENS’ LAW CENTER, Whitesburg, Kentucky, for Respondent Donald Hunter.

Judge(s): SUTTON, Chief Judge; MOORE and Ritz, Circuit Judges

Court Appealed: On Petition for Review from the Benefits Review Board

KAREN NELSON MOORE, Circuit Judge. Southern Ohio Coal Company (“Southern Ohio Coal”) petitions this court for review of a decision awarding federal coal miners’ benefits to former miner, Donald Hunter. Southern Ohio Coal argues that the adjudicators below erred by relying on medical evidence that did not comply with regulatory quality standards and by relieving Hunter of his burden to establish that he met the conditions for entitlement to benefits. In particular, Southern Ohio Coal argues that Hunter did not establish that he has legal pneumoconiosis or that his total disability is caused by pneumoconiosis. Because the administrative law judge (“ALJ”) acted within his discretion and because his decision was supported by substantial evidence, the petition for review is DENIED.

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