Newberg v. Garrett

OPINION OF THE COURT.

Claimant sought total disability benefits for a combination of coal worker’s pneumo-coniosis and occupational injury. The Administrative Law Judge (AU) ruled that claimant’s work-related back injury had re-*183suited in a 55% occupational disability. Regarding the pneumoconiosis claim, the quality of the x-rays varied greatly, and the range of disease reported extended from category 0/0 to category 2/1.

The AU noted that, of the four physicians who performed pulmonary function tests, Doctors Lane and Gallo, who testified for the employer, reported that the results were invalid…