Stone v. U.S. Department of Labor, Employment Standards Administration, Office of Workers Compensation Programs, Division of Energy Employees Occupational Illness Compensation, Final Adjudication Branch et al

Justia Dockets & Filings Sixth Circuit Kentucky Western District Stone v. U.S. Department of Labor, Employment Standards Administration, Office of Workers Compensation Programs, Division of Energy Employees Occupational Illness Compensation, Final Adjudication Branch et al

Plaintiff:	Charles Stone
Defendant:	U.S. Department of Labor, Employment Standards Administration, Office of Workers Compensation Programs, Division of Energy Employees Occupational Illness Compensation, Final Adjudication Branch and Secretary of Labor Thomas E. Perez
Case Number:	5:2015cv00250
Filed:	December 20, 2015
Court:	US District Court for the Western District of Kentucky
Office:	Paducah Office
County:	Ballard
Presiding Judge:	Thomas B. Russell
Nature of Suit:	Other Statutory Actions
Cause of Action:	28 U.S.C. § 1331
Jury Demanded By:	None

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Date Filed	Document Text
March 21, 2018	Filing 26 MEMORANDUM OPINION by Senior Judge Thomas B. Russell on 3/21/2018. For the reasons discussed in detail herein, the Court SETS ASIDE the DOLs decision denying Stones claim for benefits under Part B and Part E of the EEOCIPA. This matter is REMANDED b ack to the DOL to conduct further proceedings in which it ensures that a CMC reviews all of Stones medical records, including those found in the Administrative Record at pages 530 to 540, before determining whether Stone can demonstrate a clinical course consistent with a chronic respiratory disorder.cc: Counsel (MNM)

Date Filed

Document Text

March 21, 2018

Filing 26 MEMORANDUM OPINION by Senior Judge Thomas B. Russell on 3/21/2018. For the reasons discussed in detail herein, the Court SETS ASIDE the DOLs decision denying Stones claim for benefits under Part B and Part E of the EEOCIPA. This matter is REMANDED b ack to the DOL to conduct further proceedings in which it ensures that a CMC reviews all of Stones medical records, including those found in the Administrative Record at pages 530 to 540, before determining whether Stone can demonstrate a clinical course consistent with a chronic respiratory disorder.cc: Counsel (MNM)

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Plaintiff: Charles Stone
Represented By:	D. Sean Nilsen
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Defendant: U.S. Department of Labor, Employment Standards Administration, Office of Workers Compensation Programs, Division of Energy Employees Occupational Illness Compensation, Final Adjudication Branch
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Defendant: Secretary of Labor Thomas E. Perez
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