Legal Opinion
Director, Office of Workers' Compensation Programs, United States Department of Labor v. Beatrice Pocahontas Company and Acie D. Blankenship
Court of Appeals for the Fourth Circuit
Decided January 20, 1983No. 81-1728PublishedCited by 16 opinions
1Opinion of the Court
KISER, District Judge.
This case arises out of the Black Lung Benefits Act (the Act), 30 U.S.C. § 901, et seq. Acie Blankenship, a coal miner for 30 years, filed for black lung benefits, and the claim was approved by the Department of Labor. Beatrice Pocahontas Co. (Beatrice) contested its liability so the case was transferred for an Administrative Law Judge hearing. The Administrative Law Judge found that the presumption of total disability due to pneumoconiosis arising out of coal mine employment was established under 20 CFR § 727.203(a)(1) by the x-ray evidence of record that indicated the…
2Cases cited2 opinions
- David E. Hicks v. John W. Gardner, Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1968
- Long v. CalifanoDistrict Court, S.D. West Virginia · 1978
3Cited by16 opinions
- Ramey v. Kentland Elkhorn Coal Corp.Court of Appeals for the Sixth Circuit · 1985
- John Kolesar v. The Youghiogheny and Ohio Coal Company Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Sixth Circuit · 1985
- Tony Zbosnik v. Badger Coal Company and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1985
- Wilson v. Benefits Review BoardCourt of Appeals for the Fourth Circuit · 1984
- Bobby G. Whicker v. United States Department of Labor Benefits Review Board and Clinchfield Coal CompanyCourt of Appeals for the Fourth Circuit · 1984
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