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Conley v. Nat'l Mines Corp., No. 09-3039

By FindLaw Staff on February 12, 2010 2:33 PM

Order of the Benefits Review Board reversing an Administrative Law Judge's award of black lung benefits on a widow's claim filed by petitioner under the Black Lung Benefits Act after her husband died of metastatic lung cancer is affirmed as the Board did not err in concluding that the decedent's treating physician's opinion was insufficient to carry the widow's burden of proof, based on the standard previously articulated in Eastover Mining Co. v. Williams, 338 F.3d 501 (6th Cir. 2003). 

Read   Conley v. Nat'l Mines Corp., No. 09-3039

Appellate Information

Argued: January 12, 2010

Decided and Filed: February 12, 2010

Judges

Opinion by District Judge  Wiseman

Counsel

For Appellant:  James D. Holliday

For Appellee:   Laura Metcoff Klaus, Greenberg Taurig

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