# Consolidation Coal Co. v. Blankenship

> Court of Appeals for the Fourth Circuit · June 5, 2014 · 575 F. App'x 153

URL: https://www.frixlaw.com/law-library/cases/8675157

## Case

- **Full name:** CONSOLIDATION COAL COMPANY v. David O. BLANKENSHIP Director, Office of Workers' Compensation Programs, United States Department of Labor
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** June 5, 2014
- **Citations:** 575 F. App'x 153
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8675157

## How later opinions describe it (automated extraction)

- stating that “temporal proximity alone is not sufficient to establish that [a plaintiff’s] engagement in protected activity was a ‘but for’ cause” of the adverse action (citing Hernandez v. Yellow Transp., Inc., 670 F.3d 644, 660 (5th Cir. 2012))
- applying the “but for” causation standard to retaliation claims under the ADA and the Rehabilitation Act

## Opinion text

PER CURIAM:.
Consolidation Coal Company petitions for review of the Benefits Review Board’s decision and order affirming the administrative law judge’s award of black lung benefits pursuant to 30 U.S.C. §§ 901-945 (2012). Our review of the parties’ briefs and the record on appeal discloses that the Board’s decision is based upon substantial evidence and is without reversible error. Accordingly, we deny the petition for review for the reasons stated by the Board. Consolidation Coal Co. v. Blankenship, No. 11-0723 BLA (B.R.B. July 26, 2012). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
PETITION DENIED.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8675157. Public record. Not legal advice.