John W. Stomps v. Director, Office of Workers' Compensation Programs, United States Department of Labor

John W. Stomps appeals from the determination of the Benefits Review Board (Board) that he is not entitled to disability benefits under the Black Lung Benefits Act (Act), 30 U.S.C. § 901 et seq. (1982). We reverse the Board’s decision because we find that it erroneously upheld the decision of the Administrative Law Judge (AU).

I. FACTS

Stomps worked in Alabama’s coal mines between 1943 and 1952, and the AU credited him with eight years of coal mine employment for this period. Subsequently, Stomps worked at a steel company and at a service station. At a hearing before the AU, Stomps stated that…