Gulf & Western Indus v Ling, Dir, OWCP, Court Case No. 97-2107, F3d (CA 4, 13 March 1999), on appeal from BLA's decision 95-1021-BLA. The Black Lung Agency's idea regarding smoking as the real cause of condition, is, 'so what?, it's only money, approve the claim anyway'!! The joke's on the taxpayers!
Warth v Southern Ohio Coal Co and Dir, OWCP, Court Case 94-2635pv2, 60 F3d 173 (CA 4, Ohio, 31 July 1995). The courts are just as contemptuous. The court gives the medical opinion of Congress and BLA regulation writers greater priority and weight than the smoker's examining physician who was honestly insisting that the real cause of the smoker's condition was smoking!! Said the Court, 'Congress and the BLA, in their medical opinion, don't agree with the doctor, and that ends that!! Shut up, doctor.'
Bradberry v Director, Case No. 95-6900 (CA 11, 29 July 1997), on appeal from BLA's decision 93-2440-BLA. This case involved a 60 year smoker. Doctors (experienced at causation analysis) have known, since at least 1836, that smoking hastens death! Of course, judges (are they bribed?) don't make much mention of that fact when the case is against some tobacco company! But just wait, watch a claim filed for so-called 'black lung.' Oops, say the judges, the smoking isn't the controlling issue in hastening death! It's that awful coal! That must be what's "hastening death," case remanded. Keep some government workers on the rolls to analyze that! and spout off their nonsense unlicensed medical opinions! And then give them a big pension after years of doing such "work"!! Hey, hire some more!
Assoc. Electric v Dir, OWCP, Case No. 95-1645 (CA 8, 19 Jan 1996) (black lung case, 15-20 year smoker)
Blakley, Widow v Amax Coal Co and Dir, OWCP, Case 94-2169, 54 F3d 1313 (CA 7, 25 May 1995) (black lung case, smoker 45 years, miner 21 years, claim denied, but a big cost in just the process occurring)
Clinchfield Coal Co v Fuller and OWCP, Case No. 98-1949, F3d (CA 4, 25 June 1999) (smoker black lung case, award vacated, but a big cost in just the process occurring)
Consolidation Coal Co v McMahon, Dir, OWCP, Case No. 95-3005 (CA 6, 11 March 1996) (black lung case, 29 year miner, smoking began in 1946, now 5 packs a day, case remanded, more expense for us to pay)
DeHue Coal Co v Ballard, Dir, OWCP, Case 94-2369, 65 F3d 1189 (CA 4, West Virginia, 25 Sep 1995) (black lung case by 16 year miner, 30 year smoker, with lung cancer, claim denied, though no reimbursement for the processing cost). SCB: 93-1765-BLA
Doss v Dir, Office of Workers' Comp Programs, Case 94-1399, 53 F3d 654 (CA 4, West Virginia, 18 May 1995) (black lung case, 25 year smoker, 12 years in mining)
Glen Coal Co and Old Republic Ins Co v Jess Seals and Dir, OWCP, U.S. Dep't of Labor, Case No. 96-4121, F3d (CA 6, 24 June 1998). SCB: No. 92-1887 BLA (background on the law and Congress' medical opinion that doctors don't really know the answers! -- after all, doctors have only four centuries of experience analyzing data!, whereas some drunk, whore-buying Congressman has just been with some lobbyist a few minutes before he votes! so is a far more expert medical authority!!)
Griffith v Dir, OWCP, Dept of Labor, 917 F2d 24; Case No. 90-3160, 1990 WL 164635 (CA 6, 29 Oct 1990) (50 year smoker, 14 year miner, black lung case, remanded for administrative reconsideration, at more expense to us), on remand, 49 F3d 184, Case No. 93-4171 (CA 6, 14 Feb 1995) (i.e., twice all the way through the system and back to the court of Appeals!)
Milburn Colliery Co v Hicks and Dir, OWCP, Case 96-2438, 138 F3d 524 (CA 4, D West Virginia, 6 March 1998) (black lung case, 40 year miner, 45 year smoker). SCB: 96-494-BLA
Peabody Coal Co v Hill, Case 97-0248, 123 F3d 412 (CA 6, Kentucky, 8 Aug 1997) (smoker, 37 year miner, black lung case)
Peabody Coal Co v Hill, Case No. 96-3556, 1997 FED App 0248P (6th Cir) F3d (CA 6, 18 Aug 1997) (another smoker black lung case)
Peabody Coal Co v Smith, Case No. 96-3598, F3d (CA 6, 7 Oct 1997) (another smoker black lung case). SCB: 95-0383 BLA
Peabody Coal Co and Old Republic Ins Co v Dir, Office of Workers' Comp, Case No. 97-3721 (CA 7, 20 Jan 1999) (smoker black lung case, in processing since 1975, oh, that must be cheap, for a mere 24 years to keep reviewing and reviewing and reviewing and reviewing the same case over and over, what a boondoggle for some sleazy bureaucrats!). SCB: 94-BLA-2696
R&H Steel Buildings, Inc v Dir, Office of Workers' Comp, et al, Case 97-3409 (CA 7, 16 June 1998) (smoker black lung case, re tobacco-induced lung cancer, heart attack and/or stroke as real cause of death)
Stiltner v Island Creek Coal Co and Dir, OWCP, 86 F3d 337 (CA 4, West Virginia, 7 June 1996) (black lung case, miner 40 years, 37 year smoker)
Van Dyke, Bernice v Dir, OWCP and Missouri Mining, Inc, Case No. 95-2259 (CA 8, 7 March 1996) (black lung case, by widow of 30 year smoker, 27 year miner, denied, fortunately)
Wisconsin Steel Coal Mines of International Harvester Co v Progressive Mine Workers of America, 76-2 Lab Arb Awards (CCH) § 8348 (1976)
Consolidation Coal Co, Robinson Run Mine, Jones Run Portal v United Mine Workers of Am, 82-2 Lab Arb Awards (CCH) § 8600 (1982)
Job Related Prevention Cases
Nonsmoker Cases Seeking On-The-Job Prevention
Supreme Court Cases
Federal Appeals Court Cases
Tobacco Increases Risk of Death
Cost Recovery Cases By Health Groups/States,
Oh, Those Mostly Get Turned Down, It's
Mostly Us Taxpayers Who Have To Pay!
List of All Tobacco Cases
Reminder, Read The Bribery Site
Cases Where Smokers Try to Get
The Pushers to Pay, Oh, Those Mostly
Get Turned Down, Mostly Us Taxpayers Pay!
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This is a request that you take action to end the "black lung disease" program.
All cigarettes are deleterious, their label admits they are, and most if not all are adulterated with additives. Michigan's well-written law puts personal responsibility on those with most knowledge of the contraband substance (manufacturers and sellers who know it leads to disease), not on unwary consumers, often children.
Please take action to get a safe-cigarettes law adopted. Please take action to copy the Michigan act, MCL § 750.27, MSA § 28.216, so all of us can benefit from its wise prevention-oriented approach.
Jones v Owens-Corning Fiberglas, Case 94-1861, 69 F3d 712 (CA 4, ED North Carolina, 3 Nov 1995) (c) (smoker claim re asbestosis and lung cancer) http://laws.findlaw.com/uscircs/4th/941861p.html
Buckley v Metro-North Commuter R.R., Case No. 95-7399 (CA 2, SD NY, 1 April 1996) (s) (smoker asbestosis case, standard is "increased risk"; quantities to which exposed were concealed) http://laws.findlaw.com/uscircs/2nd/57399.html
Bath Iron Works v Dept of Labor, Case No. 96-2163 (CA 1, 6 March 1998) (s) (asbestosis case by 32 year smoker) http://laws.findlaw.com/uscircs/1st/962163.html
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