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MOSELEY v. PEABODY COAL CO.

No. 84-3496.

769 F.2d 357 (1985)

Shelly MOSELEY, Petitioner, v. PEABODY COAL COMPANY, Old Republic Companies; Director, Office of Workers' Compensation Programs, United States Department of Labor; Benefits Review Board, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided July 31, 1985.

Attorney(s) appearing for the Case

Thomas M. Rhoads, argued, Rhoads & Rhoads, P.S.C., Madisonville, Ky., for petitioner.

Benefits Review Bd., Washington, D.C.; Joseph R. Bednarik, Office of the Solicitor, U.S. Dept. of Labor, Washington, D.C.; John L. Kilcullen, Kilcullen, Wilson & Kilcullen, and Mark E. Solomons, argued, Washington, D.C., for respondents.

Before MERRITT and WELLFORD, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

CELEBREZZE, Senior Circuit Judge.

Claimant-petitioner Shelly Moseley petitions from a decision of the Benefits Review Board affirming the Administrative Law Judge's (ALJ) denial of benefits under the Black Lung Act, see 30 U.S.C. §§ 801-962 (1982). Moseley asserts that the ALJ's determination is not supported by substantial evidence and that the ALJ erroneously concluded that the interim presumption had been...

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