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TAYLOR v. ALABAMA BY-PRODUCTS CORP.

No. 88-7290.

862 F.2d 1529 (1989)

Margaret TAYLOR, Widow of Hillard Taylor, Respondent, v. ALABAMA BY-PRODUCTS CORPORATION, Petitioner, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Party-in-Interest.

United States Court of Appeals, Eleventh Circuit.

January 12, 1989.

Attorney(s) appearing for the Case

H. Thomas Wells, Jr., W. Percy Badham, III, Maynard, Cooper, Frierson & Gale, P.C., Birmingham, Ala., for petitioner.

Michelle Gerdano, Barbara Johnson, George R. Salem, Donald S. Shire, Lawrence Rogers, Director, Office of Workers' Compensation Programs, Dept. of Labor, Cheryl Blair-Kijewski, Steven D. Breeskin, Acting Deputy Com'r, Washington, D.C., Charles T. Clark, Birmingham, Ala., for Party-in-Interest.

Peggy H. Cook, Birmingham, Ala., for Taylor.

Before HILL and ANDERSON, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

PER CURIAM:

This case arose from the filing of a claim by Hillard Taylor, pursuant to the Black Lung Benefits Reform Act (the Act). Under the Act, a coal miner is presumed to be totally disabled due to pneumoconiosis arising out of his employment if he has been engaged in coal mining for 10 years and can meet one of five medical requirements: a chest x-ray establishing pneumoconiosis; ventricular studies establishing chronic respiratory or pulmonary disease; blood...

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