Legal Opinion

Louie Edward Micheli v. Director, Office of Workers' Compensation Programs, United States Department of Labor

Court of Appeals for the Tenth Circuit

Decided May 12, 1988No. 87-1474PublishedCited by 19 opinions

1Opinion of the Court

SETH, Circuit Judge.

Louie Edward Micheli petitions to review an order of the Benefits Review Board denying his claim for disability benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. The basic issue concerns the evidentiary weight which an administrative law judge may give to a medical opinion which is inconsistent with and fails to account for contrary objective medical data. Because we find that the decision of the administrative law judge was not supported by substantial evidence, we must set the administrative determination aside, remand the case and direct that a judgment…

2Cases cited7 opinions

  1. George W. FREY, Plaintiff-Appellant, v. Otis BOWEN, Secretary of the Department of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1987
  2. Lonnie E. TURNER, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of the Department of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1985
  3. Getty Oil Co. v. AndrusCourt of Appeals for the Ninth Circuit · 1979
  4. Kaiser Steel Corporation v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and Jesse SainzCourt of Appeals for the Tenth Circuit · 1984
  5. Onfrey Sulyma v. Director, Office of Workers' Compensation Programs, United States Department of Labor, as Designee for Secretary of LaborCourt of Appeals for the Third Circuit · 1987

2 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Garcia-Carbajal v. HolderCourt of Appeals for the Tenth Circuit · 2010
  2. Energy West Mining Co. v. OliverCourt of Appeals for the Tenth Circuit · 2009
  3. In the Matter of Twin Pines Coal Company v. United States Department of Labor, and Charles L. White, Real Party in InterestCourt of Appeals for the Tenth Circuit · 1988
  4. United States v. MontsCourt of Appeals for the Tenth Circuit · 2002
  5. Phillips Co. v. Denver & Rio Grande Western RailroadCourt of Appeals for the Tenth Circuit · 1996

14 more not listed; retrieve them via the Exa API.

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