JUDGE GERAGHTY AWARDS BENEFITS UNDER THE BLACK LUNG BENEFITS ACT
In the Matter of: RAYMOND DAVIS, Claimant, v. ADVENT MINING, LLC., Employer, and ROCKWOOD CASUALTY INSURANCE COMPANY, INC., Carrier, and DIRECTOR, OFFICE OF WORKERS‟ COMPENSATION PROGRAMS, Party In Interest.
CASE NO.: 2012-BLA-05162
Issue Date: 25 September 2015
This proceeding arises from a claim for benefits under the Black Lung Benefits Act, 30
U.S.C. §§ 901-945 (the “Act”) and the regulations issued thereunder, which are found in Title 20
of the Code of Federal Regulations. Regulations referred to herein are contained in that Title.
Benefits under the Act are awarded to coal miners who are totally disabled within the
meaning of the Act due to pneumoconiosis, or to the survivors of coal miners whose death was
due to pneumoconiosis. Pneumoconiosis, commonly known as “black lung,” is a disease of the
lungs resulting from coal dust inhalation.
Raymond Davis (“Claimant”) filed this claim for benefits on October 14, 2010. DX 4.
On September 21, 2011, the District Director issued a proposed Decision and Order awarding
benefits. DX 25. Advent Mining, LLC. (“Employer”) requested a formal hearing. DX 26.
- 2 -
This case was referred to the Office of Administrative Law Judges for a formal hearing.
DX 29.1
Subsequently, the case was assigned to me. I issued a Notice of Hearing on February 6,
2015. The hearing was held before me in Owensboro, Kentucky on July 7, 2015, at which time
the parties had full opportunity to present evidence and argument. The decision that follows is
based upon an analysis of the record,2
the arguments of the parties,3
and the applicable law.
In the Matter of: RAYMOND DAVIS, Claimant, v. ADVENT MINING, LLC., Employer, and ROCKWOOD CASUALTY INSURANCE COMPANY, INC., Carrier, and DIRECTOR, OFFICE OF WORKERS‟ COMPENSATION PROGRAMS, Party In Interest.
CASE NO.: 2012-BLA-05162
Issue Date: 25 September 2015
DECISION AND ORDER AWARDING BENEFITS
This proceeding arises from a claim for benefits under the Black Lung Benefits Act, 30
U.S.C. §§ 901-945 (the “Act”) and the regulations issued thereunder, which are found in Title 20
of the Code of Federal Regulations. Regulations referred to herein are contained in that Title.
Benefits under the Act are awarded to coal miners who are totally disabled within the
meaning of the Act due to pneumoconiosis, or to the survivors of coal miners whose death was
due to pneumoconiosis. Pneumoconiosis, commonly known as “black lung,” is a disease of the
lungs resulting from coal dust inhalation.
Raymond Davis (“Claimant”) filed this claim for benefits on October 14, 2010. DX 4.
On September 21, 2011, the District Director issued a proposed Decision and Order awarding
benefits. DX 25. Advent Mining, LLC. (“Employer”) requested a formal hearing. DX 26.
- 2 -
This case was referred to the Office of Administrative Law Judges for a formal hearing.
DX 29.1
Subsequently, the case was assigned to me. I issued a Notice of Hearing on February 6,
2015. The hearing was held before me in Owensboro, Kentucky on July 7, 2015, at which time
the parties had full opportunity to present evidence and argument. The decision that follows is
based upon an analysis of the record,2
the arguments of the parties,3
and the applicable law.
CONCLUSION
Claimant has met his burden of showing a change in an applicable condition of
entitlement since the prior claim was denied. Upon de novo review of the entire record, I find
that Claimant has established that he had fifteen years of underground coal mine employment,
and that he is totally disabled by a pulmonary or respiratory impairment. Employer has failed to
rebut the presumption that Claimant is totally disabled due to pneumoconiosis. Accordingly,
Claimant is entitled to benefits under the Act.
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