[DOWNLOAD] "Gray V. Slc Coal Co." by Sixth Circuit U.S. Court of Appeals * Book PDF Kindle ePub Free

April 28, 2021

eBook details

Title: Gray V. Slc Coal Co.
Author : Sixth Circuit U.S. Court of Appeals
Release Date : January 24, 1999
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 58 KB

Description

Hazel Gray, the widow of Jack Gray, appeals the decision of the Department of Labor's Benefits Review Board denying her survivor's claim filed pursuant to Title IV of the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. §§ 901-45. Mrs. Gray's petition for survivor's benefits asserts that her husband suffered from complicated pneumoconiosis, the most severe stage of "black lung disease." Under the Act, persons found to have complicated pneumoconiosis receive the benefit of an irrebuttable presumption that they are totally disabled by the disease and that the disease caused their death. See 20 C.F.R. § 718.304 (1998). Persons with a milder form of the disease are unable to invoke this irrebuttable presumption, and they or their survivors must instead prove that pneumoconiosis actually caused their death or total disability in order to receive benefits under the Act. See 20 C.F.R. § 718.204 (1998).