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DAYTON v. CONSOLIDATION COAL CO.

No. 89-3203.

895 F.2d 173 (1990)

Albert C. DAYTON, Petitioner, v. CONSOLIDATION COAL COMPANY; Office of Workers' Compensation Program, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided February 5, 1990.

Attorney(s) appearing for the Case

Thomas Roy Michael, for Petitioner.

David Allen Barnette (Jackson & Kelly, Charleston, W. Va., on brief), Robert Edward Kirschman, Jr. (Jerry G. Thorn, Acting Sol. of Labor, Donald S. Shire, Associate Sol., for Black Lung Benefits; Sylvia T. Kaser, Washington, D.C., for Appellate Litigation, on brief), for Respondents.

Before WIDENER and HALL, Circuit Judges, and JOE F. ANDERSON, Jr., District Judge for the District of South Carolina, sitting by designation.

WIDENER, Circuit Judge:

Albert C. Dayton seeks review of the decision of the Benefits Review Board affirming the denial of his claim for benefits pursuant to the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq. Dayton contends that application of the interim Labor Department regulations' rebuttal provisions, 20 C.F.R. § 727.203(b), used by the Administrative Law Judge to find rebuttal of his claim, violates 30 U.S.C. § 902(f). Based largely...

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