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RILEY v. NATIONAL MINES CORP.

No. 87-3605.

852 F.2d 197 (1988)

Estill RILEY, Petitioner, v. NATIONAL MINES CORPORATION; Old Republic Insurance Company; Director, Office of Workers' Compensation Programs; United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided July 27, 1988.

Attorney(s) appearing for the Case

Alva A. Hollon, Jr., Hollon, Hollon & Hollon, Hazard, Ky., for petitioner.

Mark E. Solomons, Arter and Hadden, Office of the Sol., U.S. Dept. of Labor, Diane Hodes, Barbara Johnson, Thomas Holzman, Benefits Review Bd. U.S. Dept. of Labor, Washington, D.C., for respondents.

Before MILBURN, GUY and NORRIS, Circuit Judges.

PER CURIAM.

Petitioner, Estill Riley, appeals from the denial of black lung benefits by the Benefits Review Board (Board), United States Department of Labor. 33 U.S.C. § 921(c) as incorporated by 30 U.S.C. § 932(a). On appeal, Riley claims that the administrative law judge (ALJ) whose decision was upheld by the Board, erred in his application of the interim presumptions found in 20 C.F.R. § 727.203. Riley also claims that the ALJ erred in denying benefits...

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