[Download] "Dow Conn v. White Deer Coal Co." by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free

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eBook details

• Title: Dow Conn v. White Deer Coal Co.
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 01, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

This black lung appeal involves a challenge to a lengthy decision of an administrative law judge (ALJ) denying benefits, later affirmed by the Benefits Review Board (BRB). The record includes a plethora of conflicting medical evidence concerning all of the tests for both invocation and rebuttal of the interim presumption of total disability due to pneumoconiosis arising out of coal mine employment set forth in 20 C.F.R. § 727.203. In his decision, issued before the United States Supreme Courts decision in Mullins Coal Co. v. Director, OWCP, 484 U.S. 135, 108 S. Ct. 427, 98 L. Ed. 2d 450 (1987), the ALJ invoked the presumption of disability under both § 727.203(a)(3) and (a)(4), but found the presumption rebutted by the employer under § 727.203(b)(2) as well as (b)(4). We affirm the denial of benefits upon the alternative ruling of the ALJ under subsection (b)(4). Although the BRB did not affirm on this basis, the issue was presented to it and is therefore properly before us, taking into account that both the BRB and this court apply the same standard of review to the ALJs decision.

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