Director, Office of Workers' Compensation Programs, United States Department of Labor v. Rochester & Pittsburgh Coal Co.

OPINION OF THE COURT

VAN DUSEN, Senior Circuit Judge.

This petition for review of a decision and order of the Benefits Review Board (“the Board”) involves the interpretation of Title IV of the Federal Coal Mine Health and Safety Act of 1969, 83 Stat. 742 (1969), as amended by the Black Lung Benefits Act of 1972, 86 Stat. 150 (1972), 30 U.S.C. § 901 et seq. (1976) (“the Act”), but before the Act was amended by the Black Lung Benefits Reform Act of 1977, 92 Stat. 95 (1978). The Board disallowed payment of black lung benefits to the claimant, Pete L. Kislak, for the period between January 1 and…