Director, Office of Workers' Compensation Programs, United States Department of Labor v. North American Coal Corp., Employer, and Kenneth M. Truitt

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

In this case we are asked to construe provisions of Title IV of the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. §§ 901 et seq. (1976) (amended 1978) (the Act). 1 These provisions make mine operators liable for the total disability of their employees due to Black Lung disease which arose during their employment. Because we conclude that the only argument raised by the petitioners in this appeal was not presented to or considered below by the Benefits Review Board (the Board), we will dismiss the appeal.

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ARGUMENTS…