Panel Rejects Challenges To ACA Black Lung Benefit Presumption Standard

Mealey's (June 24, 2015, 1:58 PM EDT) -- CINCINNATI — A man exposed to dust during strip mining experienced conditions sufficiently similar to underground mines to warrant the presumption of disease and disability reinstated by the Patient Protection and Affordable Care Act (ACA), a Sixth Circuit U.S. Court of Appeals panel held June 15 (Brandywine Explosives & Supply; Kentucky Employers Mutual Insurance v. Director, Office of Workers’ Compensation Programs, Richard Dean Kennard, No. 14-3672, 6th Cir.; 2015 U.S. App. LEXIS 10012).

(Opinion available. Document #93-150624-005Z.)

Richard Kennard was a blaster on strip mines between...
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