Donald Ratliff v. Benefits Review Board, Director, Office of Workers' Compensation Program, U.S. Department of Labor

NATHANIEL R. JONES, Circuit Judge.

Petitioner, Donald Ratliff, appeals the Benefits Review Board’s (Board) denial of his claim for black lung disability benefits. This appeal requires us to determine what constitutes comparable and gainful employment sufficient to rebut an interim presumption of black lung disability, for the Administrative Law Judge (AU) and the Board denied petitioner benefits on the basis that petitioner’s job as a factory foreman was comparable to his former coal mine work. For the reasons discussed below, we vacate the decision of the Board and remand the case for further…