Walter Wiley v. Consolidation Coal Company, Director, Office of Workers' Compensation Programs, United States Department of Labor, Parties-In-Interest

MERRITT, Chief Judge.

Walter Wiley challenges the decision of the AU, affirmed by the Benefits Review Board (BRB) denying him benefits pursuant to the Black Lung Benefits Act of 1969, as amended, 30 U.S.C. § 901, et seq. Specifically, Wiley claims that the AU improperly failed to invoke the interim presumption provided for in 20 C.F.R. § 727.203(a)(2) and (4). To invoke the interim presumption of disability under § 727.203(a)(2), a pulmonary function study must be both qualifying and conforming. The critical evidence presented in this case consisted of four pulmonary function studies. All four…