HOBET MINING, LLC v. EPLING

No. 13-1738.

783 F.3d 498 (2015)

HOBET MINING, LLC, Petitioner, v. Carl R. EPLING, Jr.; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: April 17, 2015.


Attorney(s) appearing for the Case

ARGUED: William Steele Mattingly, Jackson Kelly PLLC, Morgantown, West Virginia, for Petitioner. Sean Gregory Bajkowski, United States Department of Labor, Washington, D.C.; Leonard Joseph Stayton, Inez, Kentucky, for Respondents. ON BRIEF: Ashley M. Harman, Jackson Kelly PLLC, for Petitioner. M. Patricia Smith, Solicitor of Labor, Rae Ellen James, Associate Solicitor, Gary K. Stearman, Counsel for Appellate Litigation, Sarah M. Hurley, Office of the Solicitor, United States Department of Labor, Washington, D.C., for Respondent Director, Office of Workers' Compensation Programs, United States Department of Labor.

Petition for review denied by published opinion. Judge HARRIS wrote the opinion, in which Judge KEENAN and Judge FLOYD joined.


Hobet Mining, LLC ("Hobet") petitions for review of a decision awarding black lung benefits to Carl R. Epling, Jr. ("Epling"). The administrative law judge ("ALJ") found that Epling was entitled to the benefit of the so-called "fifteen-year presumption," a statutory provision that presumes eligibility for benefits when...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases