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Articles 1 - 23 of 23

Full-Text Articles in Oil, Gas, and Mineral Law

The Failed Promise Of Workplace Health Regulation, David C. Vladeck Sep 2008

The Failed Promise Of Workplace Health Regulation, David C. Vladeck

West Virginia Law Review

No abstract provided.


Black Lung Update: The Evolution Of The Current Regulations And The Proposed Revolution, William S. Mattingly Apr 1998

Black Lung Update: The Evolution Of The Current Regulations And The Proposed Revolution, William S. Mattingly

West Virginia Law Review

No abstract provided.


Director, Owcp V. Greenwich Collieries: The End Of The True Doubt Rule, Allan Brown Jun 1995

Director, Owcp V. Greenwich Collieries: The End Of The True Doubt Rule, Allan Brown

West Virginia Law Review

No abstract provided.


Modification Of Benefits For Claimants Under The Federal Black Lung Benefits Program, Rita A. Massie Jun 1995

Modification Of Benefits For Claimants Under The Federal Black Lung Benefits Program, Rita A. Massie

West Virginia Law Review

No abstract provided.


Is The Doctor Hostile--Obstructive Impairments And The Hostility Rule In Federal Black Lung Claims, Timothy F. Cogan Jun 1995

Is The Doctor Hostile--Obstructive Impairments And The Hostility Rule In Federal Black Lung Claims, Timothy F. Cogan

West Virginia Law Review

No abstract provided.


Federal Black Lung Update, William S. Mattingly Apr 1994

Federal Black Lung Update, William S. Mattingly

West Virginia Law Review

No abstract provided.


Federal Black Lung Update: The Standard Of Disability Causation For Federal Black Lung Benefits, Willaim S. Mattingley, Martin E. Hall Apr 1992

Federal Black Lung Update: The Standard Of Disability Causation For Federal Black Lung Benefits, Willaim S. Mattingley, Martin E. Hall

West Virginia Law Review

No abstract provided.


Federal Black Lung Update, Allen R. Prunty, Mark E. Solomons Jun 1990

Federal Black Lung Update, Allen R. Prunty, Mark E. Solomons

West Virginia Law Review

No abstract provided.


The Federal Black Lung Program: Its Evolution And Current Issues, Allen R. Prunty, Mark E. Solomons Apr 1989

The Federal Black Lung Program: Its Evolution And Current Issues, Allen R. Prunty, Mark E. Solomons

West Virginia Law Review

No abstract provided.


Can Coal Miners Escape Black Lung--An Analysis Of The Coal Miner Job Transfer Program And Its Implications For Occupational Medical Removal Protection Programs, Emily A. Spieler Apr 1989

Can Coal Miners Escape Black Lung--An Analysis Of The Coal Miner Job Transfer Program And Its Implications For Occupational Medical Removal Protection Programs, Emily A. Spieler

West Virginia Law Review

No abstract provided.


Stapleton V. Westmoreland Coal Company: Toward Making The Interim Presumption Irrebuttable, Michael D. Weikle Apr 1987

Stapleton V. Westmoreland Coal Company: Toward Making The Interim Presumption Irrebuttable, Michael D. Weikle

West Virginia Law Review

No abstract provided.


The Federal Black Lung Program--The View From The Top, Robert L. Ramsey, Robert S. Habermann Apr 1985

The Federal Black Lung Program--The View From The Top, Robert L. Ramsey, Robert S. Habermann

West Virginia Law Review

No abstract provided.


Black Lung Benefits Amendments Of 1981: Transfer Of Special Claims Under Section 205, James B. Stoneking Apr 1984

Black Lung Benefits Amendments Of 1981: Transfer Of Special Claims Under Section 205, James B. Stoneking

West Virginia Law Review

No abstract provided.


The Federal Black Lung Program: A 1983 Primer, John S. Lopatto Iii May 1983

The Federal Black Lung Program: A 1983 Primer, John S. Lopatto Iii

West Virginia Law Review

No abstract provided.


Recent Developments In Black Lung Litigation--Rebuttal Of The Interim Presumption, Tony Cicconi May 1983

Recent Developments In Black Lung Litigation--Rebuttal Of The Interim Presumption, Tony Cicconi

West Virginia Law Review

No abstract provided.


The Basics Of Federal Black Lung Litigation, Samuel J. Smith, Ford F. Newman Jun 1981

The Basics Of Federal Black Lung Litigation, Samuel J. Smith, Ford F. Newman

West Virginia Law Review

No abstract provided.


A Lawyer's Medical Guide To Black Lung Litigation, N. Leroy Lapp M.D. Jun 1981

A Lawyer's Medical Guide To Black Lung Litigation, N. Leroy Lapp M.D.

West Virginia Law Review

No abstract provided.


A Critical Analysis Of The Legislative History Surrounding The Black Lung Interim Presumption And A Survey Of Its Unresolved Issues, Mark E. Solomons Jun 1981

A Critical Analysis Of The Legislative History Surrounding The Black Lung Interim Presumption And A Survey Of Its Unresolved Issues, Mark E. Solomons

West Virginia Law Review

No abstract provided.


The Black Lung Benefits Act: An Operator's Perspective, J. Randolph Query Jun 1981

The Black Lung Benefits Act: An Operator's Perspective, J. Randolph Query

West Virginia Law Review

To be successful, attorneys must acquire certain basic skills and knowledge in their respective areas of expertise. Additionally, attorneys must participate in continuing legal education to maintain these basic skills and knowledge. This is especially true for federal black lung attorneys due to the dynamic nature of the law in this area. Federal black lung law has changed dramatically since the orginial enactment of Title IV of the Federal Coal Mine Health and Safety Act of 1969. Since its passage in December 1969, the Act has been substantially amended twice, first by the Black Lung Benefits Act of 1972 (BLBA), …


The Survivors' 25-Year Presumption Under The Black Lung Benefits Reform Act Of 1977: A Case For Its Unconstitutionality, David J. Millstone, Maria J. Codnach Jun 1980

The Survivors' 25-Year Presumption Under The Black Lung Benefits Reform Act Of 1977: A Case For Its Unconstitutionality, David J. Millstone, Maria J. Codnach

West Virginia Law Review

Title IV of the Federal Coal Mine Health and Safety Act of 1969 [the Black Lung Act], as amended by the Black Lung Benefits Reform Act of 1977 establishes, inter alia, a new presumption intended to substantially assist widows and other dependent survivors of coal miners in gaining benefits for disability caused by coal workers' pneumoconiosis (more commonly known as black lung disease). Survivors of coal miners who died before March 1, 1978, with twenty-five or more years of coal mine employment accrued prior to July 1, 1971, are presumed to be entitled to benefits unless it is established that, …


Black Lung Benefit Trusts As A Federal Self-Insurance Alternative, Peter M. Kelly Jun 1980

Black Lung Benefit Trusts As A Federal Self-Insurance Alternative, Peter M. Kelly

West Virginia Law Review

Since the enactment of the Federal Coal Mine Health and Safety Act1 (FCMHSA) in late 1969, occupational pneumoconiosis, "black lung disease," has been compensable under federal law. These federal black lung benefits are coordinated with state workmen's compensation or occupational disease laws to provide death or disability benefits for coal miners suffering from the disease. Black lung benefits are provided at federal cost under Part B of Title IV of the FCMHSA with respect to claims which arose before July 1, 1973 (Part B benefits)." Benefits are payable directly or indirectly by coal mine operators under Part C of Title …


Evidentiary Requirements To Prove A Claim For Black Lung Benefits: Impact Of The Black Lung Benefits Reform Act Of 1977, F. Thomas Rubenstein Jun 1980

Evidentiary Requirements To Prove A Claim For Black Lung Benefits: Impact Of The Black Lung Benefits Reform Act Of 1977, F. Thomas Rubenstein

West Virginia Law Review

No abstract provided.


The Black Lung Benefits Reform And Revenue Acts Of 1977, John Rollins Jun 1978

The Black Lung Benefits Reform And Revenue Acts Of 1977, John Rollins

West Virginia Law Review

On February 15, 1978, Congress enacted the Black Lung Benefits Reform Act of 1977. The passage of this legislation followed months of congressional indecision over just how the existing black lung benefits system could be reformed. During this period, the financing of the program appeared to be the most divisive issue. That issue was finally resolved by the enactment in late January of the Black Lung Benefits Revenue Act of 1977. After this hurdle was cleared, the conference committee report on the reform act easily passed both houses.' The Act, which amended the Federal Coal Mine Health and Safety Act …