Shamrock Coal Co. v. Lee

ENGEL, Circuit Judge.

Shamrock Coal Company (Shamrock) petitions for review from the order of the Benefits Review Board, United States Department of Labor, (Board) granting benefits to claimant Sill Lee under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. (1982). Here Shamrock claims that the Administrative Law Judge (AU) applied the wrong legal standard in determining whether Sill Lee was able to do comparable and gainful work. We agree.

Sill Lee was born October 5, 1938. He worked in the coal mining industry from 1957 through 1975 at various jobs including hand loading coal by shovel,…