Navistar, Inc. v. Terry Forester, et al

Filing

OPINION and JUDGMENT filed : The award of Black Lung Benefit Act benefits is VACATED, and the case is REMANDED to the Administrative Law Judge for further proceedings consistent with the opinion of this court. Decision for publication. Deborah L. Cook and Richard Allen Griffin, Circuit Judges; Walter H. Rice (AUTHORING), U.S. District Judge for the Southern District of Ohio, sitting by designation.

Case: 13-3994

Document: 47-3

Filed: 09/12/2014

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 13-3994

FILED

NAVISTAR, INC.,
Petitioner,

Sep 12, 2014
DEBORAH S. HUNT, Clerk

v.
TERRY FORESTER; DIRECTOR, OFFICE
OF WORKERS’ COMPENSATION PROGRAMS;
BENEFITS REVIEW BOARD; UNITED
STATES DEPARTMENT OF LABOR,
Respondents.

Before: COOK and GRIFFIN, Circuit Judges; RICE, District Judge.
JUDGMENT
THIS MATTER came before the court upon the petition for review by Navistar, Inc. of
an order of the Benefits Review Board.
UPON FULL REVIEW of the record and the briefs and arguments of counsel,
IT IS ORDERED that the award of Black Lung Benefits Act benefits is VACATED, and
the case is REMANDED to the Administrative Law Judge for further proceedings consistent
with the opinion of this court.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk