Introducing ATLASLearn more
Legal Opinion

Bernie Adkins v. Director, Office of Workers' Compensation Programs, United States Department of Labor West Virginia Coal Workers' Pneumoconiosis Fund

Court of Appeals for the Fourth Circuit

Decided February 28, 1992No. 91-2903PublishedCited by 42 opinions

1Opinion of the Court

OPINION

K.K. HALL, Circuit Judge:

Bernie Adkins petitions for review of an order of the Department of Labor’s Benefits Review Board (BRB) denying his claim for benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. We must decide whether the administrative law judge (AU) properly rejected an x-ray reading by a “B” reader in favor of two later readings by non-“B” readers, based solely on a “later evidence is better” theory. We hold that he did not, and hence reverse.

I

Petitioner Bernie Adkins was born in 1931. He spent 28 years working in coal mines, and last worked in October, 1982.…

2Cases cited9 opinions

  1. Mullins Coal Co. of Va. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1988
  2. Orange v. Island Creek Coal Co.Court of Appeals for the Sixth Circuit · 1986
  3. Arthur Wesley Cook v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1987
  4. Cecil Greer v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1991
  5. James A. Prater v. Patricia Roberts Harris, Secretary of Health & Human ServicesCourt of Appeals for the Fourth Circuit · 1980

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

3Cited by42 opinions

  1. Sterling Smokeless Coal Company v. Tammy Akers Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1997
  2. Director, Office of Workers' Compensation Programs v. Greenwich CollieriesSupreme Court of the United States · 1994
  3. Milburn Colliery Company v. Guy Hicks Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1998
  4. Sea "B" Mining Company v. Shirley AddisonCourt of Appeals for the Fourth Circuit · 2016
  5. Carl C. Thorn v. Itmann Coal Company Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1993

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

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API