William S. Mattingly

BIOGRAPHY
Phone: (859) 288-2811 | Fax: (859) 281-6478 | Email: wmattingly@jacksonkelly.com
175 East Main Street, Lexington, KY 40507


William S. Mattingly is a Member of  the Firm and Chair of the Administrative Practice Group. His practice focuses on the defense of Federal Black Lung claims before the United States Department of Labor (DOL). In defending black lung claims, Mr. Mattingly regularly appears before the DOL's Office of Workers' Compensation Programs, Office of Administrative Law Judges, and the Benefits Review Board. He has appeared before the United States Courts of Appeals for the Third, Fourth,  Sixth, and Tenth Circuits in defense of black lung claims. He is now located in Lexington, Kentucky, after working from the Morgantown, West Virginia, office representing clients in Northern West Virginia, Ohio, Maryland, and Pennsylvania.

Mr. Mattingly has written about black lung litigation "If Due Process is a Big Tent, Why Do Some Feel Excluded from the Big Top?," 105 W.Va. L. Rev. 791 (2003); "Black Lung Update: The Evolution of the Current Regulations and Proposed Revolution," 100 W.Va. L. Rev. 601 (1998); "Federal Black Lung Update," 96 W.Va. L. Rev. 819 (1994); "Federal Black Lung Update: The Standard of Disability Causation for Federal Black Lung Benefits,"  94 W.Va. L. Rev. 787 (1992) and addressed the Office of Administrative Law Judges' Annual Training Conferences in 1997 and in October 2002. In October 2002, he was one of a panel of practitioners asked to address the impact of the revised regulations. He has regularly lectured on developments in black lung cases before other groups.  He is rated AV Preeminent by Martindale-Hubbell and has been selected for inclusion in Woodward/White's The Best Lawyers in America® since 2005.

Mr. Mattingly has been active as an adjunct lecturer in law at the West Virginia University College of Law from 1996 until 2013, teaching appellate advocacy during the Fall and several Spring semesters. He has coached several of the WVU Moot Courts teams at national Moot Court competitions. He is admitted to practice law in Ohio, West Virginia, and Pennsylvania. He is admitted to practice before the United States District Courts for the Northern and Southern Districts of West Virginia, the Western District of Pennsylvania and the Southern District of Ohio, before the United States Court of Appeals for the Third, Fourth, Sixth, Seventh, and Tenth Circuits and the Supreme Court of the United States. He is a member of the Defense Research Institute and the American Bar Association.

Mr. Mattingly graduated cum laude from the University of Cincinnati where he received a Bachelor of Arts in history and a certificate in business administration in 1982. He received his Juris Doctor from the University of Cincinnati College of Law in 1985. After clerking for the Honorable Rudolf L. Jansen, United States Department of Labor Administrative Law Judge, he joined the Firm in Charleston in 1986 and was made Member in 1992.

Representative cases: Consolidation Coal Co. v. Director, OWCP and Borda, 171 F.3d 175 (4th Cir. 1999), Milburn Colliery Co. v. Hicks, 138 F.3d 524 (4th Cir. 1998), Venicassa v. Consolidation Coal Co., 137 F.3d 197 (3d Cir. 1998), Energy West Mining Co. v. Oliver, 555 F.3d 1211 (10th Cir. 2009); Helen Mining Co. v. Director, OWCP [OBush] 605 F.3d 248 (3d Cir. 2011), Sharpe v. Director, OWCP, 495 F.3d 125 (4th Cir. 2007), appeal after remand 692 F.3d 317 (4th Cir. 2012), cert. denied 133 S.Ct. 2852 (2013), Mingo Logan Coal Co. v. Owens, 724 F.3d 550 (4th Cir. 2013), and Antelope Coal Co. v. Goodin, 743 F.3d 1331 (10th Cir. 2014).

 
Legal Experience
 
1986 - PresentJackson Kelly PLLC
1985Attorney Advisor, U.S. Dept. of Labor, Cincinnati, OH
 
Education
 
1985J.D.University of Cincinnati College of Law (OH)
1982B.A.University of Cincinnati (OH) (History)
 
Bar Admissions
 
2014Kentucky
1993Pennsylvania
1987West Virginia
1985Ohio
 
Court Admissions
 
2003U.S. Court of Appeals, Tenth Circuit
2002U.S. Court of Appeals, Seventh Circuit
1993Supreme Court of the United States of America
1993U.S. Court of Appeals, Third Circuit
1991U.S. District Court, Northern District of West Virginia
1989U.S. Court of Appeals, Sixth Circuit
1989U.S. Court of Appeals, Fourth Circuit
1987U.S. District Court, Southern District of West Virginia
1985U.S. District Court, Southern District of Ohio

Professional Involvement:
  • American Bar Association
  • Defense Research Institute

Community:
  • Suncrest United Methodist Church
  • Read Aloud-Monongalia County

Teaching and Lecturing:
  • Speaker, "Federal Black Lung Update," Black Lung and Pulmonary Impairments in the Law CLE, Appalachian School of Law, Grundy, Virginia, March 2013
  • Adjunct Lecturer in Law, Appellate Advocacy, West Virginia University College of Law, 1996-2013
  • Diseases of the Lung, Legal Aspects and Procedures of Federal Black Lung Claims, WV Continuing Legal Education, 1990
  • Panelist, U.S. Department of Labor, Office of Administrative Law Judges Conference, Williamsburg, Virginia, April 1997
  • Advisor, WVU Moot Court Team, Nova Southeastern University Competition, 1999 and 2000
  • Advisor, WVU Moot Court Team, ABA Moot Court Competition, 2001
  • Panelist, U.S. Department of Labor, Office of Administrative Law Judges Conference, New Orleans, Louisiana, Oct. 2002

Writings and Publications:
  • "If Due Process is a Big Tent, Why Do Some Feel Excluded from the Big Top?," 105 W.Va. L. Rev. 791 (2003)
  • "Black Lung Update: The Evolution of the Current Regulations and Proposed Revolution," 100 W.Va. L. Rev. 601 (1998)
  • "Federal Black Lung Update," 96 W.Va. L. Rev. 819 (1994)
  • "Federal Black Lung Update: The Standard of Disability Causation for Federal Black Lung Benefits,"  94 W.Va. L. Rev. 787 (1992)
  • "Federal Black Lung Update," 12th Eastern Mineral Law Institute, 1991

Awards and Honors:
  • Rated AV Preeminent by Martindale-Hubbell®
  • Named in the 2011 edition of West Virginia Super Lawyers®
  • Selected by his peers for inclusion in The Best Lawyers in America® for Workers' Compensation Law - Employers, 2005-2018
  • Graduated cum laude, University of Cincinnati, 1982
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