YORK v. BENEFITS REVIEW BD.

No. 85-4052.

819 F.2d 134 (1987)

Johnnie YORK, Petitioner, v. BENEFITS REVIEW BOARD; Director, Office of Workers' Compensation Programs; United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided May 18, 1987.


Attorney(s) appearing for the Case

Dorothy B. Stulberg, Mostoller and Stulberg, Oak Ridge, Tenn., for petitioner.

Diane Hodes, J. Michael O'Neill, U.S. Dept. of Labor, Washington, D.C., for respondents.

Before JONES and RYAN, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.


RYAN, Circuit Judge.

Johnnie York appeals the decision of the Benefits Review Board affirming the administrative law judge's (ALJ) decision denying him benefits under the Black Lung Benefits Act. Appellant claims both that the ALJ improperly allowed the admission of evidence obtained by the employer, which employer had previously been dismissed as a party to the case, and that the Board erred in upholding the ALJ's finding that he was not totally disabled. Because...

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