Newberg v. Reynolds

OPINION OF THE COURT

Claimant, now fifty-four years of age, worked in the coal mining industry for approximately 33 years, 20 years of which were underground. On March 31, 1988, he was laid off from work. Thereafter he filed a claim for compensation benefits and alleged that he was permanently, occupationally disabled as a result of his having contracted coal workers’ pneumoconiosis.

The Administrative Law Judge (AU) reviewed the medical evidence and ruled that claimant had contracted category 1 coal workers’ pneumoconiosis. He noted that the highest FVC value was greater than 80% of the…