Legal Opinion
Stapleton v. Westmoreland Coal Co.
Court of Appeals for the Fourth Circuit
Decided February 26, 1986No. Nos. 83-2193(L), 84-1520 and 84-1528PublishedCited by 67 opinions
1Per curiam
Gerald L. Stapleton and Luke R. Ray appeal decisions by the Benefits Review Board (BRB) denying black lung benefits. Mullins Coal Company appeals a decision of the BRB granting black lung benefits to Glenn Cornett. These cases each involved the interim presumption and its rebuttal under 20 C.F.R. § 727.203 and were consolidated for the purpose of appeal.
For the reasons variously expressed in the opinions of Judges Hall, Sprouse, and Widener (which opinions, one or others, are joined by Chief Judge Winter and Judges Chapman, Wilkinson and Sneeden), we hold that the interim presumption under §…
2Cases cited17 opinions
- Udall v. TallmanSupreme Court of the United States · 1965
- Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
- National Labor Relations Board v. Bell Aerospace Co.Supreme Court of the United States · 1974
- Lewis Gibas v. Saginaw Mining Company Director, Office of Workers' Compensation Programs and Benefits Review BoardCourt of Appeals for the Sixth Circuit · 1984
- Milgo Electronic Corporation, a Florida Corporation v. United Business Communications, Inc., a Kansas Corporation, DefendantCourt of Appeals for the Tenth Circuit · 1980
12 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Mullins Coal Co. of Va. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1988
- Glen Back v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Sixth Circuit · 1986
- United States v. Judith Perez, Marjorie ConradeCourt of Appeals for the Eleventh Circuit · 1992
- Amax Coal Company v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1986
- Michael Revak v. National Mines Corporation and Old Republic Companies, and Director, Office of Workers' Compensation Programs, Party-In-InterestCourt of Appeals for the Third Circuit · 1987
62 more not listed; retrieve them via the Exa API.