Estes Bartley v. L & M Coal Co., Old Republic Companies, and Director, Owcp

Claimant, Estes Bartley, appeals seeking the reversal of a decision and order of the Benefits Review Board affirming an Administrative Law Judge’s decision to deny benefits in a claim arising under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. This case presents two issues: (1) whether the Board’s order of remand was proper; and (2) whether the ALJ’s finding that the respondents presented sufficient evidence to rebut the interim presumption of total disability under 20 C.F.R. § 727.203(b)(2) is supported by substantial evidence. Upon review, we conclude that the Board’s order of remand…