Attorney successfully defended a coal miner's claim for Federal Black Lung benefits
Attorney successfully defended a coal miner's claim for Federal Black Lung benefits. The parties had stipulated (based upon prior judicial determinations in the miner's prior claims) that the miner worked in underground coal mining for 37 years and that he had contracted coal workers' pneumoconiosis (CWP) as the result of that extensive coal mine employment. The attorney was successful in convincing the Administrative Law Judge that the miner did not have a totally disabling respiratory or pulmonary impairment due to his CWP. He also proved that the miner had failed to establish a change in his respiratory or pulmonary condition since the denial of his prior claim. The miner's claim was, therefore, denied and dismissed.