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Type
Opinion
Author
Jeffrey S. Sutton
Filed
Dec. 3, 2018
Case
Island Creek Coal Co. v. Jay Wilkerson
Case status
Decided

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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…

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