In the Matter of Twin Pines Coal Company v. United States Department of Labor, and Charles L. White, Real Party in Interest
Court of Appeals for the Tenth Circuit
1Opinion of the Court
STEPHEN H. ANDERSON, Circuit Judge.
In this appeal the Twin Pines Coal Company (“Twin Pines”) challenges the Benefits Review Board’s decision affirming the grant of Black Lung Benefits to Charles L. White. The administrative law judge originally awarded the benefits because she found sufficient evidence to invoke the presumption that White had pneumoconiosis (black lung disease) according to the interim criteria at 20 C.F.R. § 727.203(a) and she did not find the presumption rebutted by any of the evidence or opinions offered at the hearing. The Benefits Review Board found that the AU’s…
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