Elmer Robbins v. Cyprus Cumberland Coal Company Director, Office of Workers' Compensation Programs, United States Department of Labor

MOORE, Circuit Judge.

Petitioner, Elmer Robbins, filed a pro se petition for review of a decision by the Benefits Review Board upholding the denial of his modification request for black lung benefits by an administrative law judge. The administrative law judge (AL J) failed to hold an in-person hearing on the modification request. Because we believe that the ALJ’s failure to hold an in-person hearing when requested violates the statutory and regulatory rules governing the Black Lung Benefits Act (“the Act”), 80 U.S.C. §§ 901-945 (West 1986 & Supp.1997), we VACATE and REMAND for an appropriate…