Federal Black Lung Litigation Article Archives
Federal Black Lung Litigation: Upside Down Litigation
August, 2025 | By Joseph N. Stepp
At first glance, you would think federal black lung litigation would proceed like all other litigation. However, black lung litigation is upside down, in that the Defense often bears the burden of proof and must disprove the claimant’s entitlement to benefits. In a black lung litigation case, the miner must prove four things: That he…