Grover W. Harris v. Director, Office of Workers' Compensation Programs, United States Department of Labor

OPINION

WILKINSON, Circuit Judge:

Petitioner Grover W. Harris contests the denial of his application for benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. An administrative law judge determined that Harris’ later employment as a federal mine inspection supervisor was gainful and comparable to his previous work as a mine electrician, and therefore, that Harris did not qualify for benefits. 20 C.F.R. § 727.203(b)(1). In reaching this conclusion, the ALJ compared several different aspects of the jobs, including the skills, abilities, and exertion needed to perform each. Harris…