Tony Zbosnik v. Badger Coal Company and Director, Office of Workers' Compensation Programs, United States Department of Labor

WIDENER, Circuit Judge:

Tony Zbosnik, a former coal miner, petitions for review of a decision of the Benefits Review Board denying his claim for black lung disability payments under the Federal Coal Mine and Safety Act of 1969, as amended, 30 U.S.C. §§ 901 et seq. (Black Lung Act). The Board reversed a decision of the Administrative Law Judge granting the benefits. On appeal, the issue is whether the decision of the AU was supported by substantial evidence. Finding that it was, we reverse and direct an award of benefits.

Tony Zbosnik worked as a coal miner for 44 years, retiring in January…