Onfrey Sulyma v. Director, Office of Workers' Compensation Programs, United States Department of Labor, as Designee for Secretary of Labor

OPINION OF THE COURT

GREENBERG, Circuit Judge.

Onfrey Sulyma petitions this court for review of a decision of the Benefits Review Board (BRB) dated November 14, 1986 denying him benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. (Hereinafter, the “Act”). We have jurisdiction under 30 U.S.C. § 932(a) and 33 U.S.C. § 921(c).

The parties by narrowing their differences on this appeal have left the very limited question of whether the medical evidence in the record is sufficient under 20 C.F.R. § 410.490(c) to rebut the presumption of total disability due to pneumoconiosis to which…