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Home / Opinion Digests / Administrative – Black Lung Benefits – Medical Evidence – Evidence- Limiting Rules – Lawyer's Draft Reports (access required)

Administrative – Black Lung Benefits – Medical Evidence – Evidence- Limiting Rules – Lawyer's Draft Reports (access required)

In this case involving an award of black lung benefits to a retired coal miner, the 4th Circuit agrees with the coal mine company that the ALJ misapplied new evidence-limiting federal regs, and erred in barring the mine's discovery of draft reports and communications between the miner's lawyers and their expert witnesses. However, the appellate court ...