U.S. Court of Appeals for the Sixth Circuit
Island Creek Coal Co. v. Jay Wilkerson
Panel
The judges who heard this appeal.
- Senior Judge Alice Moore Batchelder
- Chief Judge Jeffrey S. Sutton
- Senior Judge Helene N. White
Case history
-
Dec. 3, 2018decided Decision issued in Island Creek Coal Co. v. Jay Wilkerson
Opinions and writings
SUTTON, Circuit Judge. The Benefits Review Board awarded benefits to Jay Wilkerson under the Black Lung Benefits Act. The Island Creek Coal Company asks us to vacate that award on two grounds: The administrative law judge lacked authority to hear the case under the Appointments Clause, and the evidence does not support the award. Because Island Creek forfeited its constitutional claim b…