Legal Opinion
Albert C. Dayton v. Consolidation Coal Company Office of Workers' Compensation Program
Court of Appeals for the Fourth Circuit
Decided April 20, 1990No. 89-3203PublishedCited by 18 opinions
1Opinion of the Court
WIDENER, Circuit Judge:
Albert C. Dayton seeks review of the decision of the Benefits Review Board affirming the denial of his claim for benefits pursuant to the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq. Dayton contends that application of the interim Labor Department regulations’ rebuttal provisions, 20 C.F.R. § 727.203(b), used by the Administrative Law Judge to find rebuttal of his claim, violates 30 U.S.C. § 902(f). Based largely on our decision in Taylor v. Clinchfield Coal Company, 895 F.2d 178 (4th Cir.1989), we agree and remand the decision for further consideration under the…
2Cases cited7 opinions
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
- Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
- Pittston Coal Group v. SebbenSupreme Court of the United States · 1988
- Mazie Keller v. Prince George's County Prince George's County Department of Social Services, Equal Employment Opportunity Commission, Amicus CuriaeCourt of Appeals for the Fourth Circuit · 1987
- Elijah Couch v. Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 1985
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Pauley v. BethEnergy Mines, Inc.Supreme Court of the United States · 1991
- Charles G. Grigg v. Director, Office of Workers' Compensation Programs, United States Department of Labor, Charles G. Grigg v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1994
- 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
- Grigg v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Fourth Circuit · 1994
- Barber v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1995
13 more not listed; retrieve them via the Exa API.