Legal Opinion

Walter Wiley v. Consolidation Coal Company, Director, Office of Workers' Compensation Programs, United States Department of Labor, Parties-In-Interest

Court of Appeals for the Sixth Circuit

Decided October 10, 1990No. 89-3090PublishedCited by 3 opinions

1Opinion of the Court

MERRITT, Chief Judge.

Our decision in this difficult black lung benefits case, decided and filed December 28, 1989, reversed the decision of the Benefits Review Board (BRB) and remanded the case with instructions to invoke the interim presumption pursuant to 20 C.F.R. § 727.203(a)(2) and to hear rebuttal argument pursuant to 20 C.F.R. § 727.203(b). Consolidation Coal Co. (Consolidation Coal) filed a Petition for Rehearing on January 10, 1990, in which it made several assignments of error. After considering Consolidation Coal’s Petition, as well as responses by Petitioner Wiley and the…

2Cases cited4 opinions

  1. Mullins Coal Co. of Va. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1988
  2. Zeigler Coal Company v. Morris Sieberg, and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1988
  3. Prater v. Hite Preparation Co.Court of Appeals for the Sixth Circuit · 1987
  4. Walter Wiley v. Consolidation Coal Company, Director, Office of Workers' Compensation Programs, United States Department of Labor, Parties-In-InterestCourt of Appeals for the Sixth Circuit · 1989

3Cited by3 opinions

  1. Paul Baker v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Sixth Circuit · 1992
  2. Martin Van Bain v. Emodell Coal CompanyCourt of Appeals for the Sixth Circuit · 1991
  3. Wiley v. Consolidation Coal Co.Court of Appeals for the Sixth Circuit · 1994

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