Brad Austin

Cases

• Jewell Smokeless Coal Corporation v. DOWCP

  Argued
  24-1081BLACK LUNGArgued May 7, 2026Panel: Judge Niemeyer, Judge Harris, Judge Berner
  With:Charity Barger
• Wolf Run Mining Company v. DOWCP

  Opinion IssuedAffirmed
  24-2262BLACK LUNGArgued Feb 25, 2026Panel: Chief Judge Diaz, Judge King, Judge Thacker
  With:William Mattingly
• Rhino Energy, LLC v. Director, Office of Workers’ Compensation Programs, United States Department of Labor

  Opinion IssuedVacated & Remanded
  24-2212BLACK LUNGArgued Jan 28, 2026Panel: Judge Wilkinson, Senior Judge Floyd, Judge Novak*
  With:Denise ScarberryMichael Doyle
• Dominion Coal Corporation v. Director, Office of Workers’ Compensation Programs, United States Department of Labor

  Opinion IssuedAffirmed
  23-2310BLACK LUNGArgued Dec 9, 2025Panel: Chief Judge Diaz, Judge Wynn, Judge Harris
  With:Charity BargerDavid Casserly
• Clinchfield Coal Company v. Geraldine Mullins

  Opinion IssuedAffirmed
  23-1644BLACK LUNGArgued Sep 9, 2025Panel: Judge Thacker, Judge Quattlebaum, Senior Judge Floyd
  With:Kendra Prince
• Extra Energy, Incorporated v. Glen K. Lawson

  Opinion IssuedAffirmed
  23-1544BLACK LUNGArgued Mar 19, 2025Panel: Judge Wilkinson, Judge Niemeyer, Judge Wynn
  With:Mark Grigoraci
• Hobet Mining, Incorporated v. Director, Office of Workers’ Compensation Programs, United States Department of Labor

  Opinion IssuedVacated & Remanded
  23-2157BLACK LUNGArgued Mar 18, 2025Panel: Judge King, Judge Agee, Judge Quattlebaum
  With:Dominic DrayeSean Bajkowski
• Island Creek Coal Company v. Jerry L. Blankenship

  Opinion IssuedVacated & Remanded
  22-1741BLACK LUNGArgued Sep 24, 2024Panel: Judge Agee, Judge Rushing, Judge Benjamin
  With:John Sigmond
• Southern Appalachian Coal Company v. Arvil F. Hendricks

  Opinion IssuedAffirmed
  22-1879BLACK LUNGArgued Sep 24, 2024Panel: Chief Judge Diaz, Judge Wilkinson, Judge Berner
  With:Mark Grigoraci
• Dominion Coal Corporation v. Director, Office of Workers’ Compensation Programs, United States Department of Labor

  Opinion IssuedAffirmed
  23-1156BLACK LUNGArgued May 7, 2024Panel: Chief Judge Diaz, Judge Wilkinson, Judge King
  With:Charity Barger
• American Energy, LLC v. Director, Office of Workers’ Compensation Programs, United States Department of Labor

  Opinion IssuedVacated & Remanded
  22-1740BLACK LUNGArgued Dec 6, 2023Panel: Judge Richardson, Judge Quattlebaum, Judge Benjamin
  With:John Sigmond
• Island Creek Coal Company v. Daniel Looney Clause

  Opinion IssuedVacated & Remanded
  20-1888BLACK LUNGArgued Oct 26, 2023Panel: Judge Gregory, Judge Agee, Judge Ballou*
  With:William MattinglyWilliam Bush
• Edd Potter Coal Company, Incorporated v. Director, Office of Workers’ Compensation Programs, United States Department of Labor

  Opinion IssuedAffirmed
  21-1623BLACK LUNGArgued May 4, 2022Panel: Judge Wilkinson, Judge Richardson, Judge Rushing
  With:Mark SolomonsJeffrey Goldberg
• K & R Contractors, LLC v. Michael Keene

  Opinion IssuedAffirmed
  20-2021ADMINISTRATIVE LAWArgued Oct 29, 2021Panel: Judge Harris, Judge Quattlebaum, Judge Rushing
  With:Charity BargerAmanda Mundell