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GREER v. DIRECTOR, OWCP, U.S. DEPT. OF LABOR

No. 90-1065.

940 F.2d 88 (1991)

Cecil GREER, Petitioner, v. DIRECTOR, OFFICE of WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT of LABOR, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided July 22, 1991.

Attorney(s) appearing for the Case

Martin Douglas Wegbreit, Client Centered Legal Services of Southwest Virginia, Inc., Castlewood, Va., for petitioner.

Karen Nancy Blank, Office of the Sol., argued (Robert P. Davis, Sol. of Labor, Donald S. Shire, Associate Sol. for Black Lung Benefits, Barbara J. Johnson, Counsel for Appellate Litigation, Office of the Sol., U.S. Dept. of Labor, Washington, D.C., on brief), for respondent.

Before HALL, Circuit Judge, STAKER, District Judge for the Southern District of West Virginia, sitting by designation, and KAUFMAN, Senior District Judge for the District of Maryland, sitting by designation.

OPINION

K.K. HALL, Circuit Judge:

Cecil Greer appeals the denial of his claim under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. We reverse and direct an award of benefits.

I.

Cecil Greer was born in 1919 and worked in coal mines from 1937 to 1974 as a hand loader, brakeman, and truck driver. He filed a black lung claim on January 21, 1981. This claim was evaluated under the permanent Department of Labor regulations at 20...

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