Director, Office of Workers' Compensation Programs, United States Department of Labor v. Charles Hamm, Jr.

Reversed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge WIDENER and Judge DUFFY joined.

OPINION

WILKINSON, Chief Judge:

Respondent Charles Hamm is entitled to disability benefits for pneumoconiosis under both the federal Black Lung Benefits Act, 30 U.S.C. §§ 901-945, and the West Virginia workers’ compensation statute, W. Va.Code §§ 23-1-1 to 23-6-1. The question before us is how to give proper effect to the Act, which is designed to supplement, but not duplicate, state benefits for pneumoconiosis.

Here the Benefits Review Board held that Hamm’s federal benefits…