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WILEY v. CONSOLIDATION COAL CO.

No. 89-3090.

892 F.2d 498 (1989)

Walter WILEY, Petitioner, v. CONSOLIDATION COAL COMPANY, Respondent, Director, Office of Workers' Compensation Programs, United States Department of Labor, Parties-In-Interest.

United States Court of Appeals, Sixth Circuit.

Decided December 28, 1989.

Attorney(s) appearing for the Case

Edmund A. Sargus, Jr. (argued), St. Clairsville, Ohio, for petitioner.

Douglas A. Smoot (argued), Jackson, Kelly, Holt & O'Farrell, Charleston, W.V., for respondent.

Barbara J. Johnson, Donald S. Shire, Associate Sol., Paul Frieden, U.S. Dept. of Labor, Office of the Sol., Washington, D.C., for parties-in-interest.

Before MERRITT, Chief Judge, RYAN, Circuit Judge, and PECK, Senior Circuit Judge.

MERRITT, Chief Judge.

Walter Wiley challenges the decision of the ALJ, affirmed by the Benefits Review Board (BRB) denying him benefits pursuant to the Black Lung Benefits Act of 1969, as amended, 30 U.S.C. § 901, et seq. Specifically, Wiley claims that the ALJ improperly failed to invoke the interim presumption provided for in 20 C.F.R. § 727.203(a)(2) and (4). To invoke the interim presumption of disability under § 727.203(a)(2), a pulmonary...

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