Ray v. Brushy Creek Trucking Co.

RYAN, Circuit Judge.

The petitioner, Lawrence J. Ray, appeals the Benefits Review Board’s affirmance of the administrative law judge’s (ALJ) denial of black lung benefits on his duplicate claim filed pursuant to Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. §§ 901-945 (the Act). The questions presented are whether substantial evidence supports the ALJ’s conclusions: (1) that Ray’s work at Mid-America Transportation Company (Mid-America) does not qualify as coal mine employment under the Act; and (2) that the medical opinions of Dr. Rachel Rubin and Dr.…