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BLACK DIAMOND COAL MIN. CO. v. BENEFITS REVIEW BD.

No. 84-7331.

758 F.2d 1532 (1985)

BLACK DIAMOND COAL MINING COMPANY, Petitioner-Appellant, v. BENEFITS REVIEW BOARD, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 29, 1985.

Attorney(s) appearing for the Case

Peyton Lacy, Jr., Birmingham, Ala., for petitioner-appellant.

Frederick T. Kuykendall, III, Birmingham, Ala., for Raines.

Brian E. Peters, J. Michael O'Neill, U.S. Dept. of Labor, Agnez Kurtz, Clerk, Benefits Review Board, Washington, D.C., for Director O.W.C.P.

Before RONEY and HILL, Circuit Judges, and TUTTLE, Senior Circuit Judge.

RONEY, Circuit Judge:

Under the Black Lung Benefits Reform Act, a coal miner is presumed to be totally disabled due to pneumoconiosis arising out of his employment if he has been engaged in coal mining for 10 years and diagnosed as having a totally disabling respiratory or pulmonary impairment. For the purposes of the Act, pneumoconiosis is defined as a chronic dust disease of the lung arising out of coal mine employment. The employer may rebut the presumption by...

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