Coal company loses appeal in respiratory injury case

The 10th U.S. Circuit Court of Appeals on Tuesday rejected 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 granted 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’s Benefits Review Board, which upheld the benefits.

Sunnyside then appealed to the 10th Circuit, which found the company’s arguments without merit.

Mr Fossat, who smoked cigarettes for many years, claimed he developed breathing difficulties from exposure to coal dust 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 statutory pneumoconiosis and establish that no part of Mr. Fossat’s respiratory problems was due to exposure to coal dust.