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RANDALL SCOTT WALDMAN, et al.
Appellant,
v.
RONALD B. STONE,
Appellee.
   No. 16-5160
Decided and Filed: January 24, 2017
Before: McKEAGUE, KETHLEDGE, and STRANCH, Circuit Judges.


_________________________
ORDER
_________________________

KETHLEDGE, Circuit Judge. We recently rejected Randall Waldman’s third appeal in this case, and closed with the following summary: “Waldman defrauded Stone more than a decade ago, and since then has subjected Stone to three rounds of litigation in the district court and in this court as Stone sought a remedy for the fraud. A handful of Waldman’s arguments (among the baskets-full he has presented to us and the district court) have been meritorious; but Waldman has repeatedly presented arguments that we have already rejected or for which he presented no support. Stone has borne the expense of responding to all those arguments. And in this appeal, as explained above, Waldman has presented arguments that Waldman or his counsel (subject to their right to attempt to show otherwise) should have known not to present.” Waldman v. Stone, No. 16-5160, 2016 WL 7093992, at *2 (6th Cir. Dec. 6, 2016) (citation omitted). Stone thereafter moved under Federal Rule of Civil Procedure 11 for sanctions in the amount of $4,157.50, which were his attorneys’ fees in the most recent appeal. Waldman filed a response. We construe the motion as a request for sanctions under Federal Rule of Appellate Procedure 38, and grant it. See CFE Grp., LLC v. Firstmerit Bank, N.A., 809 F.3d 346, 353 (7th Cir. 2015).



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ABERRY COAL, INCORPORATED; ARROWPOINT CAPITAL INC., c/o Underwriters Safety & Claims,
Petitioners,
v.
JOSEPH FLEMING; DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR.
Respondents.
   No. 15-3999
On Petition for Review of an
Order of the Benefits Review Board.
No. 14-0329 BLA.
Decided and Filed: January 24, 2017
Before: BATCHELDER and KETHLEDGE, Circuit Judges; and LEVY, District Judge.


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AMENDED OPINION
_________________________

JUDITH E. LEVY, District Judge. Under the Black Lung Benefits Act (“BLBA”), an Administrative Law Judge (“ALJ”) must determine, using a reasonable method of calculation and based on substantial evidence, how long a coal worker was employed in coal-mine work. If the length of employment was more than fifteen years, the worker is entitled to a presumption of total disability under the BLBA. The ALJ who heard Joseph Fleming’s claim determined that Fleming established over sixteen years of coal-mine employment, and was entitled to that presumption. The Benefits Review Board of the Department of Labor (“the Benefits Review Board”) affirmed that determination, and awarded Fleming BLBA benefits.

The evidence presented at the hearing, however, did not and could not have established that Fleming had over sixteen years of coal-mine employment, or even the fifteen necessary for the presumption of total disability. Accordingly, we vacate the Board’s award of benefits, and remand for rehearing consistent with this opinion.