Energy West v. Blackburn

Morris Blackburn worked as a coal miner for twenty years, exposed to dust in an Energy West coal mine. He also smoked cigarettes, and eventually developed a respiratory disease. Based on this disease, Blackburn claimed benefits under the Black Lung Benefits Act. Energy West challenged the award of benefits, arguing Blackburn caused his disease by smoking cigarettes. The Department of Labor’s Benefits Review Board affirmed an award of compensation, and Energy West appealed. The Tenth Circuit found no reversible error in the award of benefits, and affirmed. View "Energy West v. Blackburn" on Justia Law