Legal Opinion
Michael Revak v. National Mines Corporation and Old Republic Companies, and Director, Office of Workers' Compensation Programs, Party-In-Interest
Court of Appeals for the Third Circuit
Decided April 3, 1987No. 86-3211PublishedCited by 23 opinions
1Opinion of the Court
OPINION OF THE COURT
BECKER, Circuit Judge.
This petition for review of a decision and order of the Benefits Review Board of the U.S. Department of Labor denying the claim of petitioner Michael Revak for benefits under the Black Lung Benefits Act as amended, 30 U.S.C. §§ 901 et seq., requires us to answer a question that has divided the Circuits: may an Administrative Law Judge balance conflicting evidence in deciding whether to invoke the interim presumption of total disability due to pneumoconio*998sis disease pursuant to 20 C.F.R. 727.-203(a), or must the AU find the presumption triggered so…
2Cases cited11 opinions
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- United States v. NixonSupreme Court of the United States · 1974
- Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
- Barnes v. CohenCourt of Appeals for the Third Circuit · 1984
- Stapleton v. Westmoreland Coal Co.Court of Appeals for the Fourth Circuit · 1986
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Mullins Coal Co. of Va. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1988
- Director, Office of Workers' Compensation Programs, United States Department of Labor v. August MangifestCourt of Appeals for the Third Circuit · 1987
- Arthur Bonessa v. United States Steel Corp., and Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Party in InterestCourt of Appeals for the Third Circuit · 1989
- Sherman v. Citibank (South Dakota), N.A.Supreme Court of New Jersey · 1995
- Arthur Wesley Cook v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1987
18 more not listed; retrieve them via the Exa API.