James M. Cox v. Shannon-Pocahontas Mining Company Director, Office of Workers' Compensation Programs, United States Department of Labor

OPINION

WIDENER, Circuit Judge:

This case arises under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq. The appellant, James Cox, worked in the nation’s underground coal mines a total of 28 years, ending in June 1979. His last employment was with Shannon-Pocahontas Coal Company, where he worked for many years as a continuous miner operator. This is a strenuous job, which required Cox to lift heavy cable and timbers, shovel coal by hand, lift and spread bags of rock dust, and use a 20 pound slate bar to dislodge loose rock from the ceiling of the tunnel. The problem in the case arises…