Robert E. Adams v. Peabody Coal Company Director, Office of Workers' Compensation Programs United States Department of Labor and Benefits Review Board

Petitioner Robert E. Adams appeals from a decision of the Benefits Review Board (“BRB” or “Board”) affirming a determination by an Administrative Law Judge (“AU”) denying him benefits under the Black Lung Benefits Act (“Act”), 30 U.S.C. § 901 et seq. (1982). Adams contends on appeal that the ALJ erred in concluding that the interim presumption of total disability due to pneumoconiosis, 20 C.F.R. § 727.203(a), had been rebutted under 20 C.F.R. § 727.203(b)(2) without considering vocational factors and Adams’ ability to perform comparable and gainful work, that the deposition testimonies of two…