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ROBINSON v. PICKANDS MATHER & CO./LESLIE COAL CO.

No. 90-1003.

914 F.2d 35 (1990)

Donald E. ROBINSON, Petitioner, v. PICKANDS MATHER & COMPANY/LESLIE COAL COMPANY; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided September 12, 1990.

Attorney(s) appearing for the Case

Roger Daniel Forman, Forman, Kanner and Crane, Charleston, W.Va., for petitioner.

Mark Elliott Solomons, Arter & Hadden, Washington, D.C., Jeffrey Steven Goldberg, U.S. Dept. of Labor, Washington, D.C., for respondents.

Before ERVIN, Chief Judge, and PHILLIPS and MURNAGHAN, Circuit Judges.

ERVIN, Chief Judge:

In this case, the claimant, Donald E. Robinson, contends that the Administrative Law Judge ("ALJ") and the Benefits Review Board ("BRB" or the "Board") erred in disallowing his claim for benefits. Specifically, Robinson contests the ALJ's application of Wilburn v. Director, OWCP, 11 Black Lung Reporter (MB) 1-135 (BRB 1988), to require the claimant to prove that the disability was "in and of itself" totally disabling. As all parties agree...

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