What Really Constitutes a “Working Year”: Circuit Split Between Fourth and Sixth Circuits

Note by: Chas Lundy 

In this Note, Chas Lundy examines the legal conflicts surrounding the definition of a "working year" under the Black Lung Benefits Act. Lundy details how federal courts split over whether disabled coal miners must show a full 365 days of employment or merely 125 working days within a year. He contrasts the Fourth Circuit's traditional two-prong requirement in Armco, Inc. v. Martin with the Sixth Circuit's decision in Shepherd v. Incoal, which accepted 125 working days alone. He argues that requiring a strict 365-day employment period violates statutory canons requiring liberal construction of remedial legislation. Ultimately, he defends the 125-day standard to help solve the unjust denial of benefits to disabled miners and establish horizontal parity across federal courts.