Legal Opinion

United States Steel Corporation v. Frank Gray and Director, Office of Workers' Compensation Programs, United States Department of Labor

Court of Appeals for the Fifth Circuit

Decided February 2, 1979No. 77-3096PublishedCited by 25 opinions

1Opinion of the Court

WISDOM, Circuit Judge:

The United States Steel Corporation (“U. S. Steel”) petitions for review of the Benefit Review Board’s decision awarding disability benefits under Title IV of the Federal Coal Mine Health and Safety Act, 30 U.S.C. § 901 et seq., to Frank Gray, a former employee of the corporation. The primary questions raised by this case concern the Board’s application of the evidentiary presumption set forth in section 411(c)(4) of the Act. 30 U.S.C. § 921(c)(4). Because the Board improperly applied the standards of section 411(c)(4) in evaluating the evidence presented at the…

2Cases cited7 opinions

  1. Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
  2. United States v. Schooner PeggySupreme Court of the United States · 1801
  3. Claude R. Ansel v. Caspar Weinberger, Secretary of Health, Education and Welfare, DefendantCourt of Appeals for the Sixth Circuit · 1976
  4. Willie Morris v. Forrest David Mathews, Secretary of Health, Education and WelfareCourt of Appeals for the Sixth Circuit · 1977
  5. Treadway v. CalifanoCourt of Appeals for the Fourth Circuit · 1978

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3Cited by25 opinions

  1. Stapleton v. Westmoreland Coal Co.Court of Appeals for the Fourth Circuit · 1986
  2. Underhill v. Peabody Coal Co.Court of Appeals for the Seventh Circuit · 1982
  3. Alabama By-Products Corporation v. Charles B. Killingsworth, and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Eleventh Circuit · 1984
  4. Golden L. Moore v. Joseph A. Califano, Jr., Secretary of Health, Education and WelfareCourt of Appeals for the Sixth Circuit · 1980
  5. Peabody Coal Company v. Howard T. Lowis and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1983

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