Sixth Circuit Finds Work As MSHA Inspector Not “Coal Mine Employment”
Posted on Sep 21, 2014 in Construction | Comments Off on Sixth Circuit Finds Work As MSHA Inspector Not “Coal Mine Employment”
The Sixth Circuit concluded that work as a Mine Safety and Health Administration mine inspector is not qualifying coal mine employment for purposes of the Black Lung Benefits Act. The court agreed that the mine inspector satisfied the “situs” test of the act given that the inspector spent much of his workday underground in coal mines. The inspector, however, did not meet the “function” test of the act that required workers to be involved in the extraction, preparation, or transportation of coal, or coal mine construction or maintenance.
