Black Lung Benefits Act • Presumption of Entitlement to Benefits • Rebuttal Standard Set Forth by Regulation • Ultra Vires
Helen Mining Co. v. Elliott, PICS Case No. 17-1049 (3rd Cir. June 14, 2017) Krause, J. (29 pages).
Statute’s silence as to inclusion of coal mine operators in benefit entitlement presumption standard meant that federal agencies were empowered to promulgate regulations filling in statutory gap. Order of the Benefits Review Board affirmed.
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