Grover W. Harris v. Director, Office of Workers' Compensation Programs, United States Department of Labor

The questions on this appeal are whether the ALJ used the appropriate standard and based his decision on substantial evidence when he denied Harris’s black lung benefits. Nothing in the majority’s opinion dispels my belief that the ALJ’s decision on both grounds was erroneous. Consequently, I respectfully dissent.

I

To begin with, I disagree with the inclusion of certain factors in the standard the majority adopts for determining whether a claimant’s job is “comparable” to his former work as a coal miner under 20 C.F.R. § 727.-203(b)(1). If the reach of the decision were confined to this case,…