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COOLEY v. ISLAND CREEK COAL CO.

No. 87-3454.

845 F.2d 622 (1988)

James COOLEY, Petitioner, v. ISLAND CREEK COAL CO.; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided April 27, 1988.

Attorney(s) appearing for the Case

John W. Mann (argued), Prestonburg, Ky., for petitioner.

Allen R. Prunty (argued), Jackson, Kelly, Holt & O'Farrell, Charleston, W.Va., Diane Hodes, Thomas Holzman, Office of the Solicitor, U.S. Dept. of Labor, Barbara Johnson, Benefits Review Bd., U.S. Dept. of Labor, Washington, D.C., for respondents.

Before LIVELY and GUY, Circuit Judges, and COHN, District Judge.

PER CURIAM.

A former coal miner appeals from the Benefit Review Board's decision affirming an administrative law judge's denial of black lung benefits. The ALJ found that the claimant, James Cooley, was entitled to a presumption of disability due to coal workers' pneumoconiosis on the basis of a November 17, 1980, X-ray which had been read as positive by three of six B-readers who interpreted the film. 20 C.F.R. § 727.203(a)(1). The ALJ also found that the claimant...

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