The 10th U.S. Circuit Court of Appeals Tuesday denied a coal company’s appeal challenging workers compensation benefits awarded to an injured miner.
Ronald Fossat, who has since died, filed for black lung benefits in 2013 and was awarded benefits in 2021 after a years-long administrative review process, according to the ruling.
His former employer, Sunnyside Coal Co., appealed the award to the U.S. Department of Labor Benefits Review Board, which affirmed the benefits.
Sunnyside then appealed to the 10th Circuit, which found the company’s arguments meritless.
Mr. Fossat, who smoked cigarettes for many years, claimed he developed respiratory difficulties due to coal dust exposure during his 24-year career as a miner. Sunnyside contested Mr. Fossat’s claim of total disability, but an administrative law judge ruled in his favor.
The 10th Circuit said Sunnyside failed to disprove legal pneumoconiosis and failed to establish that that no part of Mr. Fossat’s respiratory problems were due to coal dust exposure.