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SHREVE v. DIRECTOR, OWCP, U.S. DEPT. OF LABOR

No. 88-3819.

864 F.2d 32 (1988)

Darewood SHREVE, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided December 27, 1988.

Attorney(s) appearing for the Case

C. Patrick Carrick (Manchin, Aloi & Carrick), Fairmont, W.Va., for petitioner.

Patricia M. Nece (George R. Salem, Sol. of Labor, Donald S. Shire, Associate Sol., Michael J. Denney, Counsel for Appellate Litigation, U.S. Dept. of Labor, Office of the Solicitor, Washington, D.C., on brief, for respondent.

Before WINTER, Chief Judge, and WIDENER and MURNAGHAN, Circuit Judges.

HARRISON L. WINTER, Chief Judge:

We must decide whether voluntary overtime work is to be included in a coal miner's "usual coal mine work" in determining eligibility for black lung disability benefits. The Benefits Review Board ("Board") ruled that such overtime should not be included. We agree.

I.

Darewood Shreve began work as a coal miner in November, 1957. From 1973 until 1985, Shreve performed an average of forty hours of required work per week...

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