Date: 06-13-2025

Case Style:

Juanit Cavendish, on behalf of amie Cavendish v. Director, Office of Workers' Compensation Programs, et al.

Case Number: 22-CV-407

Judge: Not Available

Court: Benefits Review Board of Workers' Compensation Programs

Plaintiff's Attorney: Annelise Burgess and Timothy MacDonnell

Defendant's Attorney: Chrstopher Green and Wesley Shumway

Description: Charleston, West Virginia disability lawyers represented the Plaintiff seeking review of the denial of his application for black lung benefits.

Jamie Cavendish, a retired coal miner, filed a claim for benefits under the Black Lung Benefits Act. The Administrative Law Judge (ALJ) denied Cavendish’s claim, finding that he had failed to establish that he was “totally disabled” under the Act. Specifically, the ALJ determined that Cavendish’s former job as a bulldozer operator required “light” work only, and that Cavendish had not shown that his condition prevented him from performing such work.

Outcome: Reversed.

Plaintiff's Experts:

Defendant's Experts:

Comments: