Signature Sponsor
Court Upholds Black Lung Benefits for Kentucky Miner and His Widow

 

 

November 14, 2026 - A federal appeals court has upheld black lung benefits for Kentucky coal miner John Owens and his widow, Bonnie, rejecting a challenge from his former employer and its insurer.

The U.S. Court of Appeals for the Sixth Circuit denied the petition for review on November 12, leaving the benefits award intact. The decision follows years of administrative proceedings over conflicting medical evidence.

Owens spent 26 years working in Kentucky coal mines. He applied for benefits under the Black Lung Benefits Act on December 22, 2014, and received an initial award from the Department of Labor in September 2016.

Lodestar Energy Inc. and Kentucky Employers Mutual Insurance disputed the award and sought an administrative hearing. Owens died on September 15, 2017, while the case remained unresolved. Bonnie continued his claim and filed a separate application for survivor benefits on October 30, 2017. The two claims were considered together.

Conflicting Breathing Tests Drive Dispute

An administrative law judge denied benefits in May 2022 after determining that the evidence did not establish a totally disabling respiratory impairment.

The medical record included five pulmonary function studies conducted between 2015 and 2017. Three earlier studies produced qualifying results before the administration of breathing medication, while two later studies produced nonqualifying results. One of the later studies also contained an invalid measurement.

In August 2023, the Benefits Review Board partially overturned the denial and returned the case for further consideration. The board found that the judge had not adequately explained why the later studies outweighed the earlier qualifying evidence.

The board also directed the judge to reconsider the opinion of Dr. Esther Ajjarapu, a physician retained by the Department of Labor.

Benefits Awarded After Further Review

The administrative judge awarded benefits in July 2024 after reassessing the tests and medical opinions. The judge concluded that the three valid qualifying studies, considered together, provided stronger evidence than the two later studies.

Ajjarapu’s opinion received additional weight because her assessment of total disability was consistent with the pulmonary function evidence.

The findings allowed Owens to qualify for a statutory presumption connecting his disabling respiratory condition to his coal mine employment. The judge determined that the employer had not rebutted that presumption, supporting the award of survivor benefits to Bonnie.

The Benefits Review Board affirmed the award in September 2025.

Appeals Court Leaves Award Intact

Lodestar and its insurer challenged the outcome, arguing in part that the board had improperly restricted the administrative judge’s consideration of when the tests were performed.

The Sixth Circuit rejected that argument. It explained that test dates may be considered, but newer results cannot automatically receive greater weight simply because they are more recent when they suggest an improvement in the miner’s condition.

The court found that the administrative judge’s revised decision adequately considered the quality and validity of the medical evidence and was supported by substantial evidence.

By denying the petition for review, the court left the benefits award for Owens and his widow in place.