Charles Boyd Malcomb v. Island Creek Coal Company Director, Office of Workers' Compensation Programs, United States Department of Labor

OPINION

DONALD RUSSELL, Circuit Judge:

Claimant Charles Malcomb appeals from the Benefits Review Board’s denial of his claim for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. We find that the Board erred in its decision, and we reverse and remand for the Board to award benefits to Malcomb.

I

Malcomb was employed as a coal miner for almost thirty years before retiring in 1977. During his employment he worked in a variety of positions including loader helper, face-man, roof bolter, and general laborer. His last employer was the Island Creek Coal Company (Island Creek), for whom…