Breeding v. Colonial Coal Co.

OPINION OF THE COURT

After suffering a heart attack, claimant chose to retire from coal mining in December, 1991. By virtue of his age, he was eligible for and began collecting social security retirement benefits. On December 18, 1995, he filed a claim for a retraining incentive benefit (RIB). The Administrative Law Judge (ALJ) was persuaded that claimant suffered from category 1 pneumoconiosis. The ALJ noted that the record would not support a finding that claimant’s heart attack rendered him incapable of vocational rehabilitation; however, since claimant was no longer employed, an award…