Legal Opinion

Michael Evosevich v. Consolidation Coal Company and Director, Office of Workers' Compensation Programs, United States Department of Labor

Court of Appeals for the Third Circuit

Decided May 5, 1986No. 85-3451PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

ROSENN, Circuit Judge.

This petition for review of a decision denying black lung benefits 1 presents two questions, the first of which is whether the report of a non-examining physician based solely on a review of medical records is admissible over a hearsay objection in an administrative hearing. The second, and more difficult, question is whether the Administrative Law Judge (ALJ) erred in the weight he accorded the medical opinion of the non-examining physician hired by an adverse party. The ALJ denied Michael Evosevich’s claim for benefits, concluding that the opinions…

2Cases cited17 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Maria S. Rodriguez v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1981
  3. Owen L. GORDON, Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Fourth Circuit · 1984
  4. Ruby R. Martin v. Secretary of Department of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1974
  5. Stapleton v. Westmoreland Coal Co.Court of Appeals for the Fourth Circuit · 1986

12 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Director, Office of Workers' Compensation Programs, United States Department of Labor v. August MangifestCourt of Appeals for the Third Circuit · 1987
  2. Helen Hillibush, Widow of Edward Hillibush, Deceased v. U.S. Department of Labor, Benefits Review BoardCourt of Appeals for the Third Circuit · 1988
  3. Josephine Mancia Widow of Angelo Mancia v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1997
  4. Myers v. Secretary Of Health And Human ServicesCourt of Appeals for the Sixth Circuit · 1990
  5. Pothering v. Parkson Coal Co.Court of Appeals for the Third Circuit · 1988

12 more not listed; retrieve them via the Exa API.

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