Legal Opinion

Norfolk and Western Railway Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor Carl E. Shrader

Court of Appeals for the Fourth Circuit

Decided September 30, 1993No. 92-2162PublishedCited by 21 opinions

1Opinion of the Court

OPINION

WIDENER, Circuit Judge:

Norfolk and Western Railway Company (N & W) appeals from a decision and order of the Benefits Review Board affirming the administrative law judge’s (ALJ) award of black lung benefits to Carl Shrader, a former employee of N & W. N & W contests the award of benefits on two grounds: that Shrader was not a miner as defined in 30 U.S.C. § 902(d) and that the ALJ improperly calculated Shrader’s period of coal mine employment, and thereby improperly invoked the presumption of 20 C.F.R. § 718.203(b). We affirm.

I

Carl Shrader was employed by the Virginian Railroad in 1929…

2Cases cited2 opinions

Eplion v. Director, Office of Workers' Compensation Programs, Division of Coal Mine Workers' CompensationCourt of Appeals for the Fourth Circuit · 1986
Rita J. Mitchell v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and Old Ben Coal CompanyCourt of Appeals for the Seventh Circuit · 1988

3Cited by21 opinions

In re NVR L.P.United States Bankruptcy Court, E.D. Virginia · 1997
Loudoun Leasing Development Co v. Ford Motor Credit Co. (In Re K & L Lakeland, Inc.)Court of Appeals for the Fourth Circuit · 1997
United Energy Services, Incorporated v. Federal Mine Safety & Health Administration Federal Mine Safety and Health Review CommissionCourt of Appeals for the Fourth Circuit · 1994
Earl J. Parker, Jr. v. Director, Office Of Workers' Compensation ProgramsCourt of Appeals for the Fourth Circuit · 1996
Harter v. VernonCourt of Appeals for the Fourth Circuit · 1996

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