ZURICH AMER. INS. GROUP v. DUNCAN

No. 17-3625.

889 F.3d 293 (2018)

ZURICH AMERICAN INSURANCE GROUP, Petitioner, v. Joanna DUNCAN, widow of and ON BEHALF of Raymond DUNCAN; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 3, 2018.


Attorney(s) appearing for the Case

ON BRIEF: Cheryl Lynn Intravaia , FEIRICH/MAGER/GREEN/RYAN, Carbondale, Illinois, for Petitioner. Gary K. Stearman , Ann Marie Scarpinio , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Federal Respondent.

MOORE, J., delivered the opinion of the court in which CLAY, J., joined, and KETHLEDGE, J., joined in the result. KETHLEDGE, J. (pp. 306-08), delivered a separate opinion concurring in the judgment.


OPINION

Raymond Duncan, a veteran of the U.S. Air Force, was born in 1947 and was a long-term resident of Middlesboro, Kentucky. He worked in the coal-mining industry for over twenty years and developed severe respiratory issues. Raymond filed a claim for benefits under the Black Lung Benefits Act, but...

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