American Coal Company and Energy Mutual Insurance Company v. Benefits Review Board, United States Department of Labor

LOGAN, Circuit Judge.

The American Coal Company (employer) has appealed an award of benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945, to claimant Jack Callor. The issues on appeal are whether the Benefits Review Board erred in upholding the administrative law judge’s (ALJ) decision construing the effect of the presumption under 20 C.F.R. § 727.203(a) and whether the Board erred in refusing to join Peabody Coal Company as the party who would be primarily liable to claimant.

After considering documentary evidence and oral testimony, the AU awarded claimant black lung benefits…