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CONSOL. COAL CO. v. SANATI

No. 82-1169.

713 F.2d 480 (1983)

CONSOLIDATION COAL COMPANY, Petitioner, v. James SANATI, Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided August 4, 1983.

Rehearing Denied October 13, 1983.

Attorney(s) appearing for the Case

David Allen Barnette, Charleston, W.Va. (Jackson, Kelly, Holt & O'Farrell, Charleston, W.Va., on brief), for petitioner.

Susanne Marelius, U.S. Dept. of Labor, Washington, D.C. (T. Timothy Ryan, Jr., Sol. of Labor, Donald S. Shire, Associate Sol., J. Michael O'Neill, Washington, D.C., Asst. Counsel for Black Lung Benefits, on brief), for respondent Director, Office of Workers' Compensation Programs.

Bernard B. Lancione, Bellaire, Ohio (Steven E. Cichon, St. Clairsville, Ohio, on brief), for respondent Sanati.

Before RUSSELL, WIDENER and SPROUSE, Circuit Judges.

WIDENER, Circuit Judge:

This is a review of a decision of the Benefits Review Board affirming an administrative law judge's award of black lung benefits pursuant to the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. Because the ALJ and the Board applied the wrong standard in evaluating the evidence, we must remand the case for redetermination.

To receive black lung benefits, a claimant must show that he is totally disabled due to pneumoconiosis...

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