Calvin C. Nance v. Benefits Review Board, United States Department of Labor Director, Office of Workers Compensation Programs

WIDENER, Circuit Judge:

Calvin C. Nance petitions for review of an order of the Benefits Review Board affirming the order of the Administrative Law Judge (AU) denying his application for benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. We vacate and remand with instructions.

Nance filed his claim for black lung disability benefits on November 13,1981. AL ter the Department of Labor denied the claim, Nance requested and received a hearing before an AU. The medical evidence adduced at the hearing consisted of a single round of pulmonary testing which had been performed in…