USX Corp. v. Workmen's Compensation Appeal Board

DOYLE, Judge.

Before us for consideration is a petition for review of an order of the Workmen’s Compensation Appeal Board (Board) filed by USX Corporation (USX). The Board by its order awarded compensation to Paul Koteles and reversed a referee’s decision which had determined that Koteles suffers from coal worker’s pneumoconiosis (black lung) but which had also determined that Koteles was neither partially nor totally disabled. The Board concluded from the medical evidence in the record that the referee’s finding of black lung without disability was, in this case, a non sequitur.

The genesis of…