John Kolesar v. The Youghiogheny and Ohio Coal Company Director, Office of Workers' Compensation Programs

Petitioner John Kolesar (hereinafter “claimant”) appeals from the denial of his application for black lung benefits sought pursuant to 30 U.S.C. § 901 et seq. The Youghiogheny and Ohio Coal Company (hereinafter “Company”) is the responsible operator.

Claimant was born on December 5, 1909, and finished two years of high school. The parties stipulated that he was employed in underground mines for at least 21 years, although the a.l.j. found that “the record indicated that he was employed in underground mines for about 37 years, much of it under dusty conditions.” Claimant retired from the…