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COMBS v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION

No. 83-3865.

752 F.2d 203 (1985)

Rudolph COMBS, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided January 9, 1985.

Rehearing and Rehearing Denied April 5, 1985.

Attorney(s) appearing for the Case

Neville Smith, argued, Manchester, Ky., for petitioner.

Agnus Kurtz, Clerk, Benefits Review Bd., Troy B. Smith, Roscoe Bryant, J. Michael O'Neill, argued, U.S. Dept. of Labor Office of the Sol., Washington, D.C., for respondent.

Before EDWARDS and MARTIN, Circuit Judges, and PECK, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied April 5, 1985.

GEORGE CLIFTON EDWARDS, Jr., Circuit Judge.

Petitioner-appellant, Rudolph Combs, is an ex-coal miner who worked in deep mines over 10 years. He has a wife and two children. There is ample medical evidence that he has silicosis and as the Administrative Law Judge found, he is clearly entitled to the statutory presumption to that effect. He also has a back injury which does not prevent his taking advantage...

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