Brown Badgett, Inc. v. Jennings

BOYCE F. MARTIN, Jr., Circuit Judge.

Brown Badgett, Inc., appeals a decision of the Benefits Review Board awarding benefits to Ida Jennings under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. The Review Board held that a deposition taken in violation of the 30-day notice requirement contained in 20 C.F.R. § 725.458 is inadmissible unless the opposing party affirmatively waives this requirement. We reverse and remand.

On March 8,1978, while still employed as a coal miner at Brown Badgett, Inc., Thomas Jennings filed a claim for black lung disability benefits. On September 9, 1978, shortly…