Sexton v. Switch Energy Coal Corp.

ORDER

Bruce Sexton, a Kentucky resident, petitions through counsel for review of an order of the Benefits Review Board affirming an administrative law judge’s decision denying him benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-45. The parties have waived oral argument, and this panel unanimously agrees that oral argument is not needed in this case.

Sexton was born in 1943. He was treated for tuberculosis and underwent a left lung resection while he was in his 20’s. He worked for over ten years in coal mining before he retired in 1986 on the basis of heart problems for which he had…