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DIR., OFFICE OF WORKERS' COMP. PROGRAMS v. ROWE

No. 81-3567.

710 F.2d 251 (1983)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, Petitioner, v. Lilburn ROWE, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided June 17, 1983.

Attorney(s) appearing for the Case

Roger M. Siegel, Atty. (argued), U.S. Dept. of Labor, Washington, D.C., for petitioner.

Thurman L. Hibbits (argued), Pikeville, Ky., for respondent.

Before CONTIE and WELLFORD, Circuit Judges, and MILES, District Judge.

CONTIE, Circuit Judge.

Lilburn Rowe filed a claim for benefits under Part C of the Black Lung Benefits Act, 30 U.S.C. § 931 et seq., alleging that his work in coal mines from 1935-1957 left him totally disabled due to pneumoconiosis. The Administrative Law Judge awarded benefits on the basis of a doctor's opinion that Rowe had pneumoconiosis. The Benefits Review Board found that opinion to be an insufficient basis for the award of benefits, but affirmed...

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