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HOBBS v. CLINCHFIELD COAL CO.

No. 89-2458.

917 F.2d 790 (1990)

Clarence HOBBS, Petitioner, v. CLINCHFIELD COAL CO.; Director, Office of Workers Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided October 24, 1990.

Attorney(s) appearing for the Case

Frederick Wayne Adkins, Cline, Adkins & Cline, Norton, Va., for petitioner.

Priscilla Anne Schwab, Office of the Sol., U.S. Dept. of Labor, Washington, D.C., Michael Francis Blair, Penn, Stuart, Eskridge & Jones, Abingdon, Va., argued (Robert P. Davis, Sol. of Labor, Donald S. Shire, Associate Sol. for Black Lung Benefits, Michael J. Denney, Counsel for Appellate Litigation, Office of the Sol., U.S. Dept. of Labor, Washington, D.C., on the brief), for respondents.

Before WIDENER and SPROUSE, Circuit Judges, and SMITH, United States District Judge for the Eastern District of Virginia, sitting by designation.

WIDENER, Circuit Judge:

Clarence Hobbs petitions for review of the Benefits Review Board's decision which affirms an Administrative Law Judge's (ALJ's) decision denying him black lung benefits under the Federal Coal Mine Health and Safety Act of 1969. We find that the ALJ failed to consider properly the effect of Hobbs' pneumoconiosis on his total disability, and vacate and remand for further consideration of Hobbs' claim. It is the decision of the Board, of course...

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