Salvadore Plesh v. Director, Office of Workers' Compensation Programs, United States Department of Labor

OPINION OF THE COURT

GARTH, Circuit Judge:

Petitioner Salvadore Plesh, a retired miner, petitions for review of an order entered by the Benefits Review Board (BRB) of the United States Department of Labor (DOL). The BRB upheld the decision of the DOL administrative law judge (ALJ) who terminated Plesh’s benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. (BLBA). We conclude that the BRB erred in terminating Plesh’s benefits and we will therefore reverse.

I

Bom on May 28, 1917, Plesh began working in a coal mine in 1943, for the Lehigh Valley Coal Company in Hazelton, Pennsylvania.…