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DIRECTOR, OWCP, U.S. DEPT. OF LABOR v. MANGIFEST

No. 86-3447.

826 F.2d 1318 (1987)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. August MANGIFEST, Respondent.

United States Court of Appeals, Third Circuit.

Decided August 21, 1987.

Attorney(s) appearing for the Case

George R. Salem, Sol. of Labor, Donald S. Shire, Associate Sol., J. Michael O'Neill, Counsel for Appellate Litigation, Thomas L. Holzman, Asst. Counsel for Appellate Litigation, Sylvia T. Kaser (argued), U.S. Dept. of Labor, Office of the Solicitor, Washington, D.C., for petitioner.

James J. Panchik (argued), Kittanning, Pa., for respondent.

Allen R. Prunty, Jackson, Kelly, Holt & O'Farrell, Charleston, W.Va., for Consolidation Coal Co. — amicus curiae.

John J. Bagnato (argued), Spence, Custer, Saylor, Wolfe & Rose, Johnstown, Pa., for BethEnergy Mines, Inc. — amicus curiae.

Mark E. Solomons, Arter & Hadden, Washington, D.C., for Old Republic Ins. Co. — amicus curiae.

Before WEIS, BECKER and HUNTER, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

Under the Black Lung Benefits Act, disability claims ultimately come before an Administrative Law Judge (ALJ) who must, inter alia, determine the reliability of medical evidence submitted to prove that the claimant is totally disabled. The regulations promulgated by the Secretary of Labor provide that the ALJ may find a miner totally disabled on the basis of a physician's judgment if the judgment is "reasoned"...

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