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Tag Archives: Judge J. Harvie Wilkinson III

Survivor’s Benefits Awarded for Miner’s COPD (access required)

After 16 years of fighting for black lung survivor’s benefits, a miner’s widow wins benefits in the 4th Circuit’s latest remand of her case; the miner’s COPD qualified as pneumoconiosis and contributed to his death. Claimant’s husband received black lung ...

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Doctor Reports Nondisclosure Is Not Black Lung ‘Fraud’ (access required)

A coal company’s failure to disclose two pathologists’ reports diagnosing a miner’s  “complicated pneumoconiosis” to the company’s expert pathologists, thereby depriving the miner and his widow of a decade’s worth of black lung benefits, did not amount to a fraud ...

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No Bargaining Over Probationary Workers (access required)

The 4th Circuit refuses to order the Internal Revenue Service to bargain with representatives of the National Treasury Employees Union over granting probationary employees the right to use grievance procedures under the parties’ collective bargaining act, and affirms the judgment ...

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Insured Contractor Is ‘Nominal Party’ for Removal (access required)

An insured roofing contractor who settled a suit for defective work for $1 million is a nominal party in a contribution suit between the contractor’s insurance carriers, and applying the nominal party exception to the rule requiring unanimous consent to ...

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