Consolidation Coal Company v. James Sanati, Director, Office of Workers' Compensation Programs, United States Department of Labor

WIDENER, Circuit Judge:

This is a review of a decision of the Benefits Review Board affirming an administrative law judge’s award of black lung benefits pursuant to the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. Because the ALJ and the Board applied the wrong standard in evaluating the evidence, we must remand the case for redetermination.

To receive black lung benefits, a claimant must show that he is totally disabled due to pneumoconiosis that arose out of coal mine employment. See 20 C.F.R. §§ 727.-201-.202 (1982). To aid the claimant in his proof, the regulations provide certain…