John A. Taylor v. Clinchfield Coal Co. Director, Office of Workers' Compensation Programs, United States Department of Labor

I respectfully dissent.

As pointed out in footnote 2, my brethren concede that their holding is inconsistent with the decision of the Sixth Circuit in Youghiogheny and Ohio Coal Co. v. Milliken, 866 F.2d 195 (6th Cir.1989). More recently, the Third Circuit has come down on the side of the Sixth in Bethenergy Mines Inc. v. Director, OWCP and Pauley, 890 F.2d 1295 (3d Cir.1989). Although the rationales employed by these two courts differ somewhat, I am more comfortable with the results they have reached than the one suggested by the majority here and by the Seventh Circuit in Taylor v. Peabody…