Bryan Beavan v. Bethlehem Mines Corporation, and Director, Office of Workmen's Compensation Programs

HARRISON L. WINTER, Chief Judge:

Bryan L. Beavan, a coal miner for thirty-six years, appeals from a decision of the Benefits Review Board denying his claim for black lung disability payments under 30 U.S.C. §§ 901-45. We reverse and direct an award of benefits.

I

Beavan initially filed an application for black lung benefits with the Department of Labor in February of 1975. The Department found that Beavan was eligible for benefits and that Bethlehem Mines Corporation, Beavan’s former employer, was responsible for the payment of those benefits. At Bethlehem’s request, the claim was referred to…