Rag American Coal Company V Buchanan No 08 1653

Judgment of the Benefits Review Board awarding benefits to defendant under the Black Lung Benefits Act is affirmed where: 1) defendant’s second claim for benefits is not barred by res judicata as long as he has demonstrated a material change in his condition; 2) substantial evidence supported the ALJ’s finding that defendant established a material change in conditions, and that he is totally disabled by pneumoconiosis caused at least in part by coal mine employment and thus entitled to black lung benefits.    

Read RAG American Coal Company v. Buchanan, No. 08-1653

Appellate InformationPetition for Review of an Order of the Benefits Review Board.Argued January 14, 2009Decided August 5, 2009

JudgesBefore CUDAHY, KANNE, and TINDER, Circuit Judges.Opinion by TINDER, Circuit Judge.

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