Mathies Coal Company v. Perry Simonazzi, and Director, Office of Workers' Compensation Programs, United States Department of Labor

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The question for decision in this petition for review of an order of the Benefits Review Board, United States Department of Labor, is whether there was substantial evidence to support a factual finding that the presumption of total disability in a black lung case had not been rebutted by the employer. We have jurisdiction under the Longshoremen’s and Harbor Workers’ Compensation Act, as amended, 33 U.S.C. § 921(c), as incorporated in the Black Lung Benefits Act, 30 U.S.C. § 932(a).

Perry Simonazzi filed a claim for benefits under the Black Lung…