GRAY v. DIRECTOR, OWCP

No. 90-1795.

943 F.2d 513 (1991)

Dorothy GRAY, Widow of Eugene Gray, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; Riverton Coal Company, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided September 4, 1991.


Attorney(s) appearing for the Case

Raymond Thomas Reott, Jenner & Block, Chicago, Ill., for petitioner.

Douglas Allan Smoot, Jackson & Kelly, Charleston, W.Va., for respondents.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and BRITT, District Judge for the Eastern District of North Carolina, sitting by designation.


OPINION

NIEMEYER, Circuit Judge:

In denying black lung benefits to the claimant in this case, the Administrative Law Judge (ALJ) weighed conflicting interpretations of X rays, conflicting blood gas studies, and other evidence and concluded that the evidence was insufficient to satisfy or "invoke" a statutory presumption of entitlement to benefits. The Benefits Review Board affirmed, and on appeal the claimant contends that the ALJ improperly considered X...

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