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RATLIFF v. BENEFITS REVIEW BD.

No. 85-3536.

816 F.2d 1121 (1987)

Donald RATLIFF, Petitioner, v. BENEFITS REVIEW BOARD, Director, Office of Workers' Compensation Program, U.S. Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided April 24, 1987.

Attorney(s) appearing for the Case

Julian N. Henriques, argued, Legal Asst. Foundation of Chicago, Jean Goodwin, Legal Asst. Foundation of Chicago, Chicago, Ill., for petitioner.

J. Michael O'Neill, Roscoe C. Bryant, III, U.S. Dept. of Labor, Washington, D.C., Thomas L. Holzman, argued, for respondents.

Before ENGEL, JONES, and KRUPANSKY, Circuit Judges.

NATHANIEL R. JONES, Circuit Judge.

Petitioner, Donald Ratliff, appeals the Benefits Review Board's (Board) denial of his claim for black lung disability benefits. This appeal requires us to determine what constitutes comparable and gainful employment sufficient to rebut an interim presumption of black lung disability, for the Administrative Law Judge (ALJ) and the Board denied petitioner benefits on the basis that petitioner's job as a factory foreman was comparable...

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