McKinley Bowling v. Director, Office of Workers' Compensation Programs, United States Department of Labor

RALPH B. GUY, Jr., Circuit Judge.

Petitioner, McKinley Bowling, appeals from a denial of black lung benefits. Benefits were denied because the Secretary concluded that Bowling was currently performing work comparable to his usual coal mine work. The issue Bowling raises on appeal is a very narrow one. He challenges only the administrative law judge’s (ALJ) finding that his last job in the mines as a roof bolter was his “usual” coal mine work.

Upon review, we find that the Secretary’s conclusion that the roof bolter’s job did qualify as petitioner’s usual coal mine work was appropriate.…