19-1738·BLACK LUNG

Consolidation Coal Company v. Terri Shipley

Affirmed

Status

Scheduled
Argued
Opinion Issued (current)

Question Presented

Whether Board improperly required Administrative Law Judge to consider the preamble to the regulations in assessing weight and credibility of employer's physician's opinions; other issues.

Argument Date

September 22, 2021

Panel

Judge Niemeyer

Judge Diaz

Judge Quattlebaum

Citation

CaseConsolidation Coal Company v. Terri Shipley, No. 19-1738 (4th Cir. Feb. 9, 2022)

PanelNiemeyer, Diaz & Quattlebaum, JJ.

Arguing Counsel

Jeffrey Soukup

per CA4 audio archive

Sarah Hurley

per CA4 audio archive

Matthew Gribler

per CA4 audio archive

Panel That Day

3 of 3 cases argued September 22, 2021 before this panel have been decided.

Decided

19-1738· This case

Consolidation Coal Company v. Terri Shipley

Opinion Issued

Authored by Judge Diaz

20-1252

Marty Walsh v. Adam Vinoskey

Opinion Issued

Authored by Judge Quattlebaum

20-6330

United States v. Donald Blankenship

Opinion Issued

Authored by Judge Niemeyer

Opinions

Majority
by Diaz
February 9, 2022
Read opinion ↗
Dissent
by Quattlebaum
February 9, 2022
Read opinion ↗

Disposition

Court: denied
Normalized: Affirmed

February 9, 2022