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ADAMS v. PEABODY COAL CO.

No. 86-3076.

816 F.2d 1116 (1987)

Robert E. ADAMS, Petitioner, v. PEABODY COAL COMPANY; Director, Office of Workers' Compensation Programs; United States Department of Labor; and Benefits Review Board, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided April 22, 1987.

Attorney(s) appearing for the Case

Ronald K. Bruce, Monhollon, Bruce, & Kelley, Greenville, Ky., for petitioner.

Donald S. Shire, Associate Sol., U.S. Dept. of Labor, J. Michael O'Neill, Brian E. Peters, Linda M. Meeks, Benefits Review Bd., U.S. Dept. of Labor, for respondents.

Mark E. Solomons, Arter & Hadden, Washington, D.C., for Peabody Coal Co.

Before KRUPANSKY, Circuit Judge, CELEBREZZE, Senior Circuit Judge, and WEBER, District Judge.

PER CURIAM.

Petitioner Robert E. Adams appeals from a decision of the Benefits Review Board ("BRB" or "Board") affirming a determination by an Administrative Law Judge ("ALJ") denying him benefits under the Black Lung Benefits Act ("Act"), 30 U.S.C. § 901 et seq. (1982). Adams contends on appeal that the ALJ erred in concluding that the interim presumption of total disability due to pneumoconiosis, 20 C.F.R. § 727.203(a), had been rebutted under 20...

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