Federal Appeals Court Finds ACA’s 15-Year Presumption Applies In Black Lung Case
(November 9, 2015, 3:35 PM EST) -- RICHMOND, Va. — The 15-year presumption of disability applies to a former miner’s second black lung claim pending at passage of the Patient Protection and Affordable Care Act (ACA), the Fourth Circuit U.S. Court of Appeals held Nov. 6 (Eastern Associated Coal Corp. v. Director, Office of Workers’ Compensation Programs, United States Department of Labor, Clara Sue Toler, administratix of the Estate of Arvis R. Toler, No. 14-1923, 4th Cir.; 2015 U.S. App. LEXIS 19409).