Legal Opinion
Dorothy Gray, Widow of Eugene Gray v. Director, Office of Workers' Compensation Programs, United States Department of Labor Riverton Coal Company
Court of Appeals for the Fourth Circuit
Decided September 4, 1991No. 90-1795PublishedCited by 8 opinions
1Opinion of the Court
OPINION
NIEMEYER, Circuit Judge:
In denying black lung benefits to the claimant in this case, the Administrative Law Judge (AU) weighed conflicting interpretations of X rays, conflicting blood gas studies, and other evidence and concluded that the evidence was insufficient to satisfy or “invoke” a statutory presumption of entitlement to benefits. The Benefits Review Board affirmed, and on appeal the claimant contends that the AU improperly considered X-ray rereadings in violation of 30 U.S.C. § 923(b) and improperly applied a “later evidence rule” to discount an earlier qualifying blood gas…
2Cases cited10 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Pauley v. BethEnergy Mines, Inc.Supreme Court of the United States · 1991
- Pittston Coal Group v. SebbenSupreme Court of the United States · 1988
- Mullins Coal Co. of Va. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1988
- Potomac Electric Power Co. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1980
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Milburn Colliery Company v. Guy Hicks Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1998
- Bernie Adkins v. Director, Office of Workers' Compensation Programs, United States Department of Labor West Virginia Coal Workers' Pneumoconiosis FundCourt of Appeals for the Fourth Circuit · 1992
- In Re WassonUnited States Bankruptcy Court, D. New Mexico · 1993
- Charles Boyd Malcomb v. Island Creek Coal Company Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1994
- Jackie Lee Burdette, Sr. v. Eastern Associated Coal Company Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1995
3 more not listed; retrieve them via the Exa API.