Legal Opinion
Kertesz v. Crescent Hills Coal Co.
Court of Appeals for the Third Circuit
Decided April 14, 1986No. 85-3421PublishedCited by 61 opinions
1Opinion of the Court
OPINION OF THE COURT
ROSENN, Circuit Judge.
Frank Kertesz petitions for review of a Benefits Review Board (BRB) decision denying him benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-960 (1982) (the Act).1 The BRB reversed an Administrative Law Judge (AU) order granting benefits, holding that the AU erred in discrediting a doctor’s uncontradicted expert opinion by substituting his own medical judgment. We agree and affirm.
*160I.
Kertesz applied for benefits in 1976, when after two heart attacks he retired from coal mining. At the time he was 54 years old and had worked in the mines…
2Cases cited11 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Anthony Gober v. David Matthews, as Secretary of Health, Education and WelfareCourt of Appeals for the Third Circuit · 1978
- Elizabeth L. Ferguson v. Richard S. Schweiker, Secretary United States Department of Health and Human ServicesCourt of Appeals for the Third Circuit · 1985
- Director, Office of Workers' Compensation Programs v. Lilburn RoweCourt of Appeals for the Sixth Circuit · 1983
- Old Ben Coal Company v. Mary E. Prewitt, and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1985
6 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Brown v. AstrueCourt of Appeals for the Third Circuit · 2011
- Biller v. ColvinDistrict Court, W.D. Pennsylvania · 2013
- Frank Wetherill v. Director, Office of Workers' Compensation Programs, U.S. Department of LaborCourt of Appeals for the Seventh Circuit · 1987
- Labelle Processing Company v. John Swarrow and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1996
- Helen Hillibush, Widow of Edward Hillibush, Deceased v. U.S. Department of Labor, Benefits Review BoardCourt of Appeals for the Third Circuit · 1988
56 more not listed; retrieve them via the Exa API.