Westmoreland Coal Co. v. Cochran, No. 11-1839 (4th Cir. 2013)Annotate this Case
Westmoreland challenged an ALJ's decision, affirmed by the Benefits Review Board, to award black lung benefits to one of Westmoreland's former employees. The ALJ found that the evidence failed to establish that the employee suffered from clinical pneumoconiosis but did establish that the employee suffered from legal pneumoconiosis. Regarding this legal pneumoconiosis finding, the ALJ chose to credit one medical opinion over others. The ALJ also found that the employee was totally disabled as a result of his pneumoconiosis and thus awarded him benefits under the Black Lung Benefits Act, 30 U.S.C. 901 et seq. The court concluded that the ALJ's decision and order to award benefits was supported by substantial evidence, rational, and consistent with applicable law. Therefore, the Board did not err in affirming the ALJ's decision and order, and the court accordingly denied Westmoreland's petition for review.