Elmer Hix v. Director, Office of Workers' Compensation Programs and United States Department of Labor

WELLFORD, Circuit Judge.

Appellant Elmer Hix, a former coal miner, applied in 1975 for benefits under the Black Lung Benefits Act. The claim was initially denied, but was later reviewed under the liberalized standards of the Black Lung Benefits Reform Act of 1977. The Administrative Law Judge (AU) found that Hix had established nine years of coal mine employment, rather than the fifteen years claimed. The AU, nevertheless, ap plied the regulations under 20 C.F.R. § 727, “the most ‘liberal’ standards under the Act.” The AU found that Hix was entitled to a presumption of total disability due to…