Legal Opinion
Underwood v. Elkay Mining, Inc.
Court of Appeals for the Fourth Circuit
Decided February 4, 1997No. 95-2717PublishedCited by 33 opinions
1Opinion of the Court
Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MOTZ and Senior Judge DOUMAR joined.
OPINION
NIEMEYER, Circuit Judge:
This case presents the question of whether an administrative law judge (“ALJ”), conducting a hearing on a claim for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-45, committed reversible error by admitting cumulative evidence offered by the coal mine operator. Because we conclude that the ALJ’s decision to allow the operator’s evidence did not contravene standards established by the Administrative Procedure Act, 5 U.S.C. § 556(d),…
2Cases cited23 opinions
- Hinkle v. City of ClarksburgCourt of Appeals for the Fourth Circuit · 1996
- Banks v. Chicago Grain Trimmers Assn., Inc.Supreme Court of the United States · 1968
- Frank Wetherill v. Director, Office of Workers' Compensation Programs, U.S. Department of LaborCourt of Appeals for the Seventh Circuit · 1987
- Dehue Coal Company v. Laymond Ballard Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1995
- Tony Zbosnik v. Badger Coal Company and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1985
18 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Milburn Colliery Company v. Guy Hicks Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1998
- Island Creek Coal Company v. Dennis E. Compton Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 2000
- Mary Fox v. Elk Run Coal Company, Inc.Court of Appeals for the Fourth Circuit · 2014
- Consolidation Coal Company v. Albert A. Borda Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1999
- West Virginia CWP Fund v. Page Bender, Jr.Court of Appeals for the Fourth Circuit · 2015
28 more not listed; retrieve them via the Exa API.