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ARCH ON THE GREEN, INC. v. GROVES

No. 13-3959.

761 F.3d 594 (2014)

ARCH ON THE GREEN, INC.; Old Republic Insurance Company, Petitioners, v. Lawrence L. GROVES; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

July 31, 2014.

Attorney(s) appearing for the Case

ON BRIEF: Mark E. Solomons , Laura Metcoff Klaus , Greenberg Traurig, LLP, Washington, D.C., for Petitioners. Brent Yonts , Brent Yonts, PSC., Greenville, Kentucky, for Respondent Groves.

Before: ROGERS and COOK, Circuit Judges; MURPHY, District Judge.

OPINION

ROGERS, Circuit Judge.

A totally disabled coal miner with Chronic Obstructive Pulmonary Disease (COPD) (and certain other lung diseases not relevant here) must meet two independent causation requirements in order to receive federally-mandated black lung benefits. One relates to causation of the disease by coal mining; the other relates to causation of the total disability by the disease. Under the applicable regulation, the COPD must first "aris...

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