1. Home
  2. Browse Decisions
  3. F.2d
  4. 839 F.2d
  5. 839 F.2d 257 (1988)
 

WARMAN v. PITTSBURG & MIDWAY COAL MIN. CO.

No. 85-4074.

839 F.2d 257 (1988)

Henry WARMAN, Petitioner, v. PITTSBURG & MIDWAY COAL MINING CO.; Travelers Insurance Co.; Director, Office of Workers' Compensation Programs, United States Department of Labor and Benefits Review Board, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided February 9, 1988.

Attorney(s) appearing for the Case

Ronald Bruce (argued), Monhollon, Bruce & Kelley, Greenville, Ky., for petitioner.

Charles E. Lowther, Thomas L. Ferreri (argued), James G. Fogle, Madisonville, Ky., Benefits Review Bd., U.S. Dept. of Labor, Thomas Holzman, Jeffrey J. Bernstein, Office of the Sol., U.S. Dept. of Labor, Washington, D.C., The Travelers Ins. Co., Hartford, Conn., for respondents.

Before ENGEL and KRUPANSKY, Circuit Judges and EDWARDS, Senior Circuit Judge.

ENGEL, Circuit Judge.

In this review of the denial of black lung benefits we are presented with the subtle yet important difference between the separate rebuttal provisions of 20 C.F.R. § 727.203(a)(3) and (4). While we hold that the Board erred in supporting the ALJ's reliance upon (b)(3) for rebuttal of the interim presumption under section 727.203(a), we nonetheless, for the reasons which follow, uphold denial upon the alternative ruling of the ALJ under ...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases