4th Circuit rules for miner in black-lung benefit case

From: The Daily Record (Baltimore) | Date: July 18, 2006| Author: Caryn Tamber | Copyright information

A diagnosis of black-lung disease, followed by a claim for benefits and a denial, does not trigger the statute of limitations for a second claim, the 4th U.S. Circuit Court of Appeals has held.

Usually, the three-year statute of limitations on a black-lung claim begins to run when the patient is diagnosed. But the court held that, since a denial of benefits is treated as final, a black-lung diagnosis that precedes a denial is treated as a misdiagnosis which does not trigger the statute...

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