Director, Office of Workers' Compensation Programs v. Herman B. Forester

WELLFORD, Circuit Judge.

This case requires us to settle a dispute between the Director of the Office of Workers’ Compensation and the Department of Labor’s Benefits Review Board, over how to evaluate a claim filed prior to the 1977 amendments to the Black Lung Benefits Act, 30 U.S.C. § 801 et seq. At issue are black lung benefits for the period August 23, 1983 to January 1, 1984.

Plaintiff Herman Forester filed a request for black lung benefits under Part C of the Black Lung Act, 30 U.S.C. §§ 901-945, on August 23, 1973. After the Department of Labor twice denied the claim, Forester requested…