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ISLAND CREEK COAL CO. v. YOUNG

No. 19-3113.

947 F.3d 399 (2020)

ISLAND CREEK COAL COMPANY, Petitioner, v. Larry Allen YOUNG; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 21, 2020.

Attorney(s) appearing for the Case

ARGUED: Jeffrey R. Soukup , JACKSON KELLY PLLC, Lexington, Kentucky, for Petitioner. Brent Yonts , YONTS, SHERMAN & DRISKILL, PSC, Greenville, Kentucky, for Respondent Young. Cynthia Liao , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Federal Respondent. ON BRIEF: Jeffrey R. Soukup , William S. Mattingly , JACKSON KELLY PLLC, Lexington, Kentucky, for Petitioner. Brent Yonts , YONTS, SHERMAN & DRISKILL, PSC, Greenville, Kentucky, for Respondent Young. Gary K. Stearman , Rita A. Roppolo , UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Federal Respondent.

Before: SUTTON, NALBANDIAN, and READLER, Circuit Judges.

OPINION

For roughly two decades, Larry Young worked in coal mines, his final years in the employ of Island Creek Coal Company. Following his retirement from mining, Young filed for benefits under the Black Lung Benefits Act. The Act presumes that a miner with a lung impairment who, like Young, worked for...

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