Mullins Coal Co. of Va. v. Director, Office of Workers' Compensation Programs

In 1978 the Secretary of Labor promulgated “interim regulations” to govern the processing of claims for black lung benefits filed between July 1, 1973, and April 1, 1980. See *13820 CFR pt. 727 (1987). Section 203 of those regulations prescribes five ways in which a claimant may prove that he is entitled to an “interim presumption” of eligibility. The question in this case concerns the burden of proof that the claimant must satisfy to invoke the presumption. The Court of Appeals held, Stapleton v. Westmoreland Coal Co., 785 F. 2d 424 (CA4 1986) (en banc), that a single item of qualifying evidence…