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LEE v. CONSOLIDATION COAL CO.

No. 86-1226.

843 F.2d 159 (1988)

Robert E. LEE, Petitioner, v. CONSOLIDATION COAL COMPANY; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided March 30, 1988.

Attorney(s) appearing for the Case

Robert F. Cohen, Jr. (Cohen, Abate & Cohen, Fairmont, W.Va., on brief), for petitioner.

Michael John Rutledge, U.S. Dept. of Labor (George R. Salem, Sol. of Labor, Donald S. Shire, Associate Sol., Barbara J. Johnson, Counsel for Appellate Litigation, Thomas L. Holzman, Asst. Counsel for Appellate Litigation, Washington, D.C., on brief); David Allen Barnette (Jackson, Kelly, Holt & O'Farrell, Charleston, W.Va., on brief), for respondents.

Before WIDENER, CHAPMAN, and WILKINS, Circuit Judges.

WIDENER, Circuit Judge:

Lee appeals the administrative law judge's (ALJ) denial of his second motion for modification of his claim for benefits based on Title IV of the Black Lung Benefits Reform Act of 1977 (Black Lung Act), 30 U.S.C. § 901 et seq. More specifically, Lee was denied his motion to modify his claim made pursuant to § 22 of the Longshoremen's and Harbor Worker's Compensation Act, 33 U.S.C. § 922 (Longshoremen's Act), incorporated by reference...

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