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Tag Archives: Administrative

Social Security – Disability Benefits – Claim Denial – Concentration, Persistence or Pace (access required)

Contrary to plaintiff’s argument, the administrative law judge recognized plaintiff’s overall moderate difficulties with concentration, persistence, or pace; however, evidence from plaintiff’s doctors supported the ALJ’s finding that he would nonetheless be able to stay on task while performing “simple ...

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Black Lung Benefits – ‘Operator’ – Definition Change – Subsequent Rehire (access required)

When the claimant first worked for petitioner’s predecessor, the predecessor did not fall within the Federal Mine Safety and Health Act’s definition of “operator.” However, after the definition of “operator” was expanded to include mining construction contractors like petitioner’s predecessor, ...

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Freedom of Information Act – Affidavit of Good Cause – Violations – Declaratory Relief – Recovery of Costs (access required)

Hurst v. City of Norfolk (VLW No. 017-8-108, 17pp.) (Lannetti, J.) Norfolk Cir.Ct. Case No. CL17-11119. Holding: Where the plaintiff-petitioner failed to submit an affidavit of good cause supporting his petition for relief regarding his two requests under the Freedom ...

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Black Lung Benefits – Coal Miner/Smoker – FEV1/FVC Ratio (access required)

Westmoreland Coal Co. v. Stallard (VLW No. 017-2-205, 21 pp.) (Wynn, J.) 16-1460; Nov. 29, 2017; On petition for review from the Benefits Review Board; 4th Cir. Holding: The Fourth Circuit holds to the Department of Labor’s regulatory preamble and ...

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Black Lung Benefits – ‘Operator’ – Definition Change – Subsequent Rehire (access required)

Frontier-Kemper Constructors, Inc. v. Director, Office of Workers’ Compensation Programs (VLW No. 017-2-206, 13 pp.) (Diaz, J.) 16-1849; Nov. 30, 2017; on petition for review from the Benefits Review Board; 4th Cir. Holding: When the claimant first worked for petitioner’s ...

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Contractor Can’t Challenge Space Program (access required)

An Alexandria U.S. District Court dismisses plaintiff contractor’s suit seeking to enjoin the Defense Advanced Research Projects Agency’s program for Robotic Servicing of Geosynchronous Satellites Program, which plaintiff says violates multiple provisions of the 2010 National Space Policy and therefore ...

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Due Process Provided for Code Violation Claims (access required)

The Court of Appeals affirms a circuit court decision upholding findings of the Fairfax County Department of Code Compliance, which had issued notice to appellants for seven violations of the Uniform Statewide Building Code at their Annandale, Virginia property; the ...

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Court Upholds AWA License Renewal Rules (access required)

In PETA’s suit challenging the U.S. Department of Agriculture’s regulations under the Animal Welfare Act for license renewal of animal exhibitors, the 4th Circuit upholds a decision deferring to the agency’s decision to conduct spot-check inspections of licensees despite PETA’s ...

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