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HIX v. DIRECTOR, OFFICE OF WORKERS' COMP. PROGRAMS

No. 86-3611.

824 F.2d 526 (1987)

Elmer HIX, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS and United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided July 30, 1987.

Attorney(s) appearing for the Case

John C. Dixon, Barbourville, Ky., for petitioner.

Benefits Review Bd., U.S. Dept. of Labor, Marta Kusic, J. Michael O'Neill, Office of the Solicitor, U.S. Dept. of Labor, Washington, D.C., for respondents.

Before MERRITT, MARTIN and WELLFORD, Circuit Judges.

WELLFORD, Circuit Judge.

Appellant Elmer Hix, a former coal miner, applied in 1975 for benefits under the Black Lung Benefits Act. The claim was initially denied, but was later reviewed under the liberalized standards of the Black Lung Benefits Reform Act of 1977. The Administrative Law Judge (ALJ) found that Hix had established nine years of coal mine employment, rather than the fifteen years claimed. The ALJ, nevertheless, applied

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