Legal Opinion

R.J. Jessee v. Director, Office of Workers' Compensation Programs, United States Department of Labor Westmoreland Coal Company, Incorporated

Court of Appeals for the Fourth Circuit

Decided September 2, 1993No. 92-2279PublishedCited by 33 opinions

1Opinion of the Court

OPINION

K.K. HALL, Circuit Judge:

R.J. Jessee petitions for review of an order of the Benefits Review Board (BRB) affirming the denial of his request for modification of an order denying black lung benefits. Concluding that the administrative law judge (ALJ) took an impermissibly narrow view of his authority to consider the request for modification, we remand the claim for reconsideration.

I

Jessee worked in the coal mines for at least seventeen years. He last worked in 1980, at the age of fifty. He never smoked, is modestly overweight (5' 10 1 //; 203 lb), and has only a third-grade education.…

2Cases cited9 opinions

  1. Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
  2. Mullins Coal Co. of Va. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1988
  3. Banks v. Chicago Grain Trimmers Assn., Inc.Supreme Court of the United States · 1968
  4. O'KEEFFE v. Aerojet-General Shipyards, Inc.Supreme Court of the United States · 1972
  5. Amax Coal Company v. James L. Franklin and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1992

4 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Consolidation Coal Company v. Robert D. Worrell, Deceased and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Sixth Circuit · 1994
  2. Lisa Lee Mines (Terrilynne Coal Company) v. Director, Office of Workers' Compensation Programs, United States Department of Labor Alva RutterCourt of Appeals for the Fourth Circuit · 1996
  3. Consolidation Coal Company v. Albert A. Borda Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1999
  4. Old Ben Coal Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and James E. HilliardCourt of Appeals for the Seventh Circuit · 2002
  5. Sharpe v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Fourth Circuit · 2007

28 more not listed; retrieve them via the Exa API.

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