Johnnie York v. Benefits Review Board Director, Office of Workers' Compensation Programs United States Department of Labor
Court of Appeals for the Sixth Circuit
1Opinion of the Court
RYAN, Circuit Judge.
Johnnie York appeals the decision of the Benefits Review Board affirming the administrative law judge’s (ALJ) decision denying him benefits under the Black Lung Benefits Act. Appellant claims both that the ALJ improperly allowed the admission of evidence obtained by the employer, which employer had previously been dismissed as a party to the case, and that the Board erred in upholding the AU’s finding that he was not totally disabled. Because, as a matter of law, the ALJ applied the wrong legal standard to § 727.203(b)(2) rebuttal, we reverse.
York is 54-years old, and has…
2Cases cited11 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Director, Office of Workers' Compensation Programs v. Lilburn RoweCourt of Appeals for the Sixth Circuit · 1983
- Lewis Gibas v. Saginaw Mining Company Director, Office of Workers' Compensation Programs and Benefits Review BoardCourt of Appeals for the Sixth Circuit · 1984
- Ramey v. Kentland Elkhorn Coal Corp.Court of Appeals for the Sixth Circuit · 1985
- Moseley v. Peabody Coal Co.Court of Appeals for the Sixth Circuit · 1985
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3Cited by61 opinions
- Youghiogheny & Ohio Coal Co. v. WebbCourt of Appeals for the Sixth Circuit · 1995
- Glen Coal Co. v. SealsCourt of Appeals for the Sixth Circuit · 1998
- Peter Kowalchick v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1990
- Saginaw Mining Company v. George L. FerdaCourt of Appeals for the Sixth Circuit · 1989
- Peabody Coal Co. v. GreerCourt of Appeals for the Sixth Circuit · 1995
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