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ADKINS v. U.S. DEPT. OF LABOR, OFF. OF WKRS. COMP.

No. 84-2200.

824 F.2d 287 (1987)

Herman B. ADKINS, Petitioner, v. U.S. DEPARTMENT OF LABOR, OFFICE OF WORKERS' COMPENSATION, DIVISION OF COAL MINE WORKERS' COMPENSATION, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided July 17, 1987.

Attorney(s) appearing for the Case

Lawrence J. Moise, III (Robert Austin Vinyard, Abingdon, Va., on brief), for petitioner.

Jeffrey J. Bernstein, Office of Sol., Dept. of Labor (Francis X. Lilly, Sol. of Labor, Donald S. Shire, Associate Sol., William O. Puncer, Dept. of Labor, Washington, D.C., on brief), for respondent.

Before WINTER, Chief Circuit Judge, ERVIN, Circuit Judge, and YOUNG, United States District Judge for the District of Maryland, sitting by designation.

ERVIN, Circuit Judge:

Petitioner Adkins worked for fifteen years in and around coal mines. His duties as a miner included hand loading coal, working on the coal cutting machine, picking rock, and working as a brakeman and check weighman. His employment as a miner ended in 1951 when he took a job with a union, working in and out of an office but not in any coal mines. He retired from union work in 1980. Adkins testified at an administrative hearing that he has never...

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