Sunny Ridge Mining Company, Inc. v. Herbert Keathley

OPINION

ROGERS, Circuit Judge.

In this black lung benefits case the administrative law judge and the Benefits Review Board discounted the opinion of a doctor who, opining that pneumoconiosis had not caused Herbert Keathley’s total disability, assumed that “bronchitis associated with coal dust exposure usually ceases with cessation of exposure.” The ALJ and the Board determined that this assumption was contrary to federal regulations, which state that “pneumoconiosis” may be “latent and progressive” and may arise after exposure ceases. Sunny Ridge Mining Company challenges this determination.…