Helen Mining Co. v. Director OWCP, 650 F.3d 248

John Obush worked in coal mines for 42 years, retiring in 1990; he filed a 1989 claim for black lung benefits that ALJ denied in 1991 based on physician Turco being discredited; Obush filed a new claim on January 31, 2006; multiple doctors contradicted each other on pneumoconiosis, with several supporting legal pneumoconiosis and disability; Helen Mining conceded total disability but argued the 2006 claim was time-barred; the ALJ awarded benefits, the Benefits Review Board affirmed, and Helen Mining petitioned for review asserting time-bar and sufficiency issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 2006 claim is time-barred under § 932(f)	Helen Mining argues the 2006 claim was barred by the statute of limitations.	Obush/Board argued that a medical determination predating a prior denial is a misdiagnosis and does not trigger the clock, allowing a new claim.	Not time-barred; the prior discredited medical opinion did not trigger the limitations period.
Whether substantial evidence supports legal pneumoconiosis	Helen Mining contends ALJ erred by crediting experts for legal pneumoconiosis despite lack of radiographic pneumoconiosis.	Board and ALJ properly credited medical opinions tying COPD/emphysema to coal dust exposure as legal pneumoconiosis, supported by objective data beyond X-rays.	Yes; substantial evidence supports legal pneumoconiosis and the award of benefits.

Arch of Kentucky, Inc. v. Director, Office of Workers' Compensation Programs, 556 F.3d 472 (6th Cir. 2009) (confirms expansive approach to the statute and secondary claims in BLBA)
Consolidation Coal Co. v. Williams, 453 F.3d 609 (4th Cir. 2006) (limits of statute of limitations and new evidence framework)
Wyoming Fuel Co. v. Director, Office of Workers' Compensation Programs, 90 F.3d 1502 (10th Cir. 1996) (supports subsequent-claim framework with new health evidence)
Labelle Processing Co. v. Swarrow, 72 F.3d 308 (3d Cir. 1995) (subsequent claims grounded in material change not barred by prior denial)
Keating v. Director, Office of Workers' Compensation Programs, 71 F.3d 1118 (3d Cir. 1995) (remedial nature of BLBA; liberal construction in favor of miners)
Pavesi v. Director, Office of Workers' Compensation Programs, 758 F.2d 956 (3d Cir. 1985) (extensive reading to aid miners under BLBA)
Island Creek Coal Co. v. Compton, 211 F.3d 203 (4th Cir. 2000) (illustrates reliance on non-radiographic evidence for legal pneumoconiosis)
Midland Coal Co. v. Director, Office of Workers' Compensation Programs, 358 F.3d 486 (7th Cir. 2004) (recognizes latent/progressive nature of pneumoconiosis in regulation)
National Mining Association v. Department of Labor, 292 F.3d 849 (D.C. Cir. 2002) (regulatory interpretation regarding latent/progressive disease)
United States v. Kubrick, 444 U.S. 111 (1979) (statutes of limitations must reflect legislative intent)