Joseph F. Markus v. Old Ben Coal Company and Director, Office of Workers' Compensation Programs, United States Department of Labor

HARLINGTON WOOD, Jr., Circuit Judge.

Petitioner seeks review of the United States Department of Labor Benefits Review Board’s affirmance of a finding by a Labor Department Administrative Law Judge (ALJ) that petitioner was not entitled to benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq., since he failed to offer evidence sufficient to invoke a presumption under the applicable regulation, 20 C.F.R. § 727.203(a)(4), that he was “totally disabled” due to pneumoconiosis, known colloquially as “black lung.” Petitioner has also moved to remand his claim to the Labor Department’s…