Dixie Fuel Co., LLC v. Dir. Office of Workers' Comp. Programs, No. 11-4298 (6th Cir. 2012)
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Hensley worked in various capacities as a coal miner at various times between 1972 and 1988. He also smoked half a pack of cigarettes every day for at least 10 years. From 1990 to 2010, Hensley sought benefits under the Black Lung Benefits Act, 30 U.S.C. 901. In 2010, after two rejections, an ALJ concluded that Hensley suffered from a disabling form of pneumoconiosis caused by his jobs in the coal mines and awarded him benefits. The Benefits Review Board affirmed. The Sixth Circuit reversed and remanded, holding that the ALJ failed to account for relevant record material, relying solely on x-ray evidence, while other evidence cut the other way, permitting a finding that Hensley does not suffer from pneumoconiosis. The biopsy of Hensley’s lungs came back negative, CT scans may have been inconclusive, and several physicians testified against an award of benefits.
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