William T. Killman v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and Sahara Coal Trust

WOOD, Circuit Judge.

William Killman worked for twenty-three years for the Sahara Coal Company (Sahara), eventually rising to the position of foreman. He retired from mining at the end of September, 1984; about six months later, he began his quest for black lung disability benefits under the Black Lung Benefits Act. After several hearings, appeals to the Benefits Review Board (“the Board”), remands, and rehearings, an ALJ ultimately denied benefits and the Board affirmed. Killman petitions for review of this decision. Because the ALJ never definitively resolved what the exertional requirements…