Legal Opinion
Warman v. Pittsburg & Midway Coal Mining Co.
Court of Appeals for the Sixth Circuit
Decided February 9, 1988No. 85-4074PublishedCited by 17 opinions
1Opinion of the Court
ENGEL, Circuit Judge.
In this review of the denial of black lung benefits we are presented with the subtle yet important difference between the separate rebuttal provisions of 20 C.F.R. § 727.203(a)(3) and (4). While we hold that the Board erred in supporting the AU’s reliance upon (b)(3) for rebuttal of the interim presumption under section 727.203(a), we nonetheless, for the reasons which follow, uphold denial upon the alternative ruling of the AU under (b)(4). Although the Board did not expressly affirm on this basis, the issue was properly before it and is likewise properly before us.…
2Cases cited12 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Lewis Gibas v. Saginaw Mining Company Director, Office of Workers' Compensation Programs and Benefits Review BoardCourt of Appeals for the Sixth Circuit · 1984
- Ramey v. Kentland Elkhorn Coal Corp.Court of Appeals for the Sixth Circuit · 1985
- Moseley v. Peabody Coal Co.Court of Appeals for the Sixth Circuit · 1985
- Underhill v. Peabody Coal Co.Court of Appeals for the Seventh Circuit · 1982
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Brown v. Rock Creek Mining Co.Court of Appeals for the Sixth Circuit · 1993
- Mike Mangus v. Director, Office of Workers' Compensation Programs, United States Department of Labor and Price River Coal Co.Court of Appeals for the Tenth Circuit · 1989
- Amax Coal Company v. Ruby Beasley, Widow of Robert v. Beasley, and Director, Office of Workers' Compensation Programs, U.S. Department of LaborCourt of Appeals for the Seventh Circuit · 1992
- Harlan Bell Coal Co. And Old Republic Insurance Company v. Dewey LemarCourt of Appeals for the Sixth Circuit · 1990
- Charles Boyd Malcomb v. Island Creek Coal Company Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1994
12 more not listed; retrieve them via the Exa API.