Clarence Hobbs v. Clinchfield Coal Co. Director, Office of Workers Compensation Programs, United States Department of Labor

WIDENER, Circuit Judge:

Clarence Hobbs petitions for review of the Benefits Review Board’s decision which affirms an Administrative Law Judge’s (ALJ’s) decision denying him black lung benefits under the Federal Coal Mine Health and Safety Act of 1969. We find that the AU failed to consider properly the effect of Hobbs’ pneumoconiosis on his total disability, and vacate and remand for further consideration of Hobbs’ claim. It is the decision of the Board, of course, that we review, not the AU, but the Board affirmed the AU’s findings which we mention.

Clarence Hobbs worked for Clinchfield Coal…