Richards v. United Mine Workers of America Health & Retirement Fund

MURNAGHAN, Circuit Judge:

Here the Fourth Circuit tries for a third time to decide an appeal which has twice split the same panel (Judges Hall, Wilkinson and Merhige, sitting by designation). The panel of the Fourth Circuit that first heard the case initially reversed the district *134court, finding substantial evidence to support the Trustees’ decision denying benefits to a miner claiming disability. Richards v. United Mine Workers Health & Retirement Funds, 851 F.2d 122 (4th Cir.1988) (“Richards F). On rehearing, however, the panel split three ways.

FACTS

Homer Richards suffered chest pains while…