Donald D. Stalcup v. Peabody Coal Company and Director, Office of Workers' Compensation Programs

SYKES, Circuit Judge.

Donald D. Stalcup worked as a coal miner at Peabody Coal Company for approximately thirty years. In 1997 he filed for pneumoconiosis (or “black lung”) benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-944. An Administrative Law Judge (“ALJ”) initially awarded Stal-cup benefits, but on appeal, the Benefits Review Board (“BRB”) vacated and remanded the decision because the ALJ mis-characterized relevant evidence, relied upon impermissible criteria to credit or discredit evidence, and failed to explain the bases for certain conclusions. The ALJ’s second decision,…