Ragon Cunningham v. Island Creek Coal Company Director, Office of Workers' Compensation Programs, United States Department of Labor

OPINION

MERRITT, Circuit Judge.

Pro se petitioner Ragon Cunningham appeals from a decision of the Benefits Review Board affirming the Administrative Law Judge’s denial of black lung benefits. Cunningham and one of the Respondents, the Director of the Office of Workers’ Compensation Programs, also appeal the fact that the ALJ failed to hold a hearing on this case. The Director does not challenge the denial of benefits. 1

Petitioner Cunningham claims he developed lung problems after 35-40 years in the coal mines. He first applied for benefits in 1982. Cunningham was awarded benefits in 1987 after…