Melvin Welch v. Benefits Review Board Director, Office of Workers' Compensation Programs, United States Department of Labor

Petitioner Melvin Welch filed a claim for benefits under the Black Lung Benefits Act of 1977, 30 U.S.C. § 901 et. seq. (“Act”). The claim was denied by the Department of Labor in October 1979. In accordance with the Act, the case was referred to the Office of Administrative Law Judges (“AU”). After a formal hearing in August 1982, at which the parties presented evidence and argument, petitioner’s claim was again denied. Petitioner appealed the denial to the Benefits Review Board, which affirmed the decision of the AU in August 1985. Petitioner filed a timely Petition for Review in this Court.…