Marfork Coal Company v. Weis

LEGG, Chief District Judge:

In this case we address whether medical evidence offered for the sole purpose of disproving liability constitutes “documentary evidence” under § 725.456(b)(1) of the regulations implementing the Black Lung Benefits Act. Relying on the plain language and history of that regulation, we conclude that it does. Accordingly, we affirm the order of the Benefits Review Board naming petitioner Marfork Coal Co. as the responsible operator liable for the payment of benefits to respondent Roger L. Weis. We also affirm the Board’s conclusion that Weis’s benefits are payable as…