Double B Mining, Incorporated v. Lloyd Blankenship Director, Office of Workers' Compensation Programs, United States Department of Labor

Vacated and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge ERVIN and Chief Judge HILTON joined.

OPINION

NIEMEYER, Circuit Judge:

Under the Black Lung Benefits Act, a coal miner is entitled to an irrebuttable presumption that he is totally disabled due to pneumoconiosis if he is able to show that he has “complicated pneumoconiosis” as defined by the Act. Because the administrative law judge failed to apply the statutory criteria for finding complicated pneumoconiosis in this case, we remand this case for further proceedings.

I

For over 20 years, Lloyd Blankenship…