Legal Opinion

Gary Faries v. Director, Office of Workers' Compensation Programs, United States Department of Labor

Court of Appeals for the Sixth Circuit

Decided July 26, 1990No. 89-3836PublishedCited by 15 opinions

1Opinion of the Court

CELEBREZZE, Senior Circuit Judge.

Petitioner Gary Faries appeals a decision and order of the Benefits Review Board (BRB or Board) reinstating a February 8, 1985 decision and order of an Administrative Law Judge (AU) denying his claim for benefits under the Black Lung Benefits Act (Act), as amended, 30 U.S.C. § 901 et seq.

On appeal, petitioner contends that because of a change in the interpretation of the regulations applicable to invocation of the interim presumption pursuant to 20 C.F.R. § 727.203(a)(l)-(a)(4) during the pendency of the adjudication of his claim, due process mandates remand…

2Cases cited9 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
  3. Mullins Coal Co. of Va. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1988
  4. Stapleton v. Westmoreland Coal Co.Court of Appeals for the Fourth Circuit · 1986
  5. Johnnie York v. Benefits Review Board Director, Office of Workers' Compensation Programs United States Department of LaborCourt of Appeals for the Sixth Circuit · 1987

4 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Hadix v. JohnsonCourt of Appeals for the Sixth Circuit · 1998
  2. Consolidation Coal Co. v. McMahonCourt of Appeals for the Sixth Circuit · 1996
  3. Cissell Manufacturing Company v. United States Department of LaborCourt of Appeals for the Sixth Circuit · 1997
  4. State v. MateoOhio Supreme Court · 1991
  5. Bethlehem Mines Corporation v. James M. Henderson Director, Office of Workers Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1991

10 more not listed; retrieve them via the Exa API.

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