Legal Opinion

Otto Walker v. Director, Office of Workers' Compensation Programs, United States Department of Labor Eastern Associated Coal Corporation

Court of Appeals for the Fourth Circuit

Decided March 6, 1991No. 90-1770PublishedCited by 25 opinions

1Opinion of the Court

SPROUSE, Circuit Judge:

We review a decision of the Benefits Review Board denying Otto Walker benefits under the Black Lung Benefits Act. 30 U.S.C. §§ 901-945 (1988). Finding that the underlying AU’s decision was contrary to law and not based on substantial evidence, we reverse.

I

Appellant, Otto Walker, worked as a coal miner for more than 27 years for appellee, Eastern Associated Coal Corporation (Eastern). He retired in 1983, claiming total disability based on pneumoconiosis which had resulted from his coal mining work. In August 1983, he applied for benefits under the Black Lung Benefits…

2Cases cited8 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  3. Mullins Coal Co. of Va. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1988
  4. Kertesz v. Crescent Hills Coal Co.Court of Appeals for the Third Circuit · 1986
  5. Consolidation Coal Company v. Louis Chubb, and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1984

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3Cited by25 opinions

  1. Underwood v. Elkay Mining, Inc.Court of Appeals for the Fourth Circuit · 1997
  2. William B. Lane v. Union Carbide Corporation Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1997
  3. Thomas Eagle v. Armco, Incorporation Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1991
  4. Mabel Samons v. Nat'l Mines Corp.Court of Appeals for the Sixth Circuit · 2022
  5. Dorothy Gray, Widow of Eugene Gray v. Director, Office of Workers' Compensation Programs, United States Department of Labor Riverton Coal CompanyCourt of Appeals for the Fourth Circuit · 1991

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