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ROBERTS v. BENEFITS REVIEW BD.

No. 85-3815.

822 F.2d 636 (1987)

Leonard ROBERTS, Petitioner, v. BENEFITS REVIEW BOARD; Director, Office of Workers' Compensation Programs; United States Department of Labor; Island Creek Coal Company; Republic Insurance Company, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided June 30, 1987.

Rehearing and Rehearing Denied September 16, 1987.

Attorney(s) appearing for the Case

Albert A. Burchett (argued), Prestonsburg, Ky., for petitioner.

Martin Ellison Hall (argued), Jackson, Kelly, Holt, & O'Farrell, Charleston, W.Va., J. Michael O'Neill, Diane Hodes, U.S. Dept. of Labor, Washington, D.C., for respondents.

Before NELSON and RYAN, Circuit Judges, and ENSLEN, District Judge.

Rehearing and Rehearing En Banc Denied September 16, 1987.

RYAN, Circuit Judge.

Leonard Roberts petitions this court to review the Benefits Review Board's affirmance of the administrative law judge's (ALJ) order denying him benefits under the federal Black Lung Benefits Act. Roberts contends: first, that the ALJ held the respondent employer, Island Creek Coal Company (Island Creek), to an incorrect standard of proof; and second, that the ALJ misapplied 20...

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