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

No. 89-9506.

936 F.2d 1111 (1991)

Earl DAVIS, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR, and Kaiser Steel Company, Respondents.

United States Court of Appeals, Tenth Circuit.

June 20, 1991.

Attorney(s) appearing for the Case

Jonathan Wilderman of Wilderman and Linnet, P.C., Denver, Colo., for petitioner-appellant.

Roger Pitcairn (Jerry G. Thorn, Acting Sol. of Labor; Donald S. Shire, Associate Sol. for Black Lung Benefits; Barbara J. Johnson, Counsel for Appellate Litigation; and Edward O. Falkowski, Atty., with him on the brief), Washington, D.C., for Federal respondent-appellee.

Edwin C. Barnes, of Clyde, Pratt & Snow (Rodney G. Snow, with him on the brief), Salt Lake City, Utah, for Kaiser Steel, respondent-appellee.

Before HOLLOWAY, Chief Judge, SEYMOUR, and ANDERSON, Circuit Judges.

SEYMOUR, Circuit Judge.

Earl Davis applied for benefits under the Black Lung Benefits Act (the Act), 30 U.S.C. § 901 et seq. (1988). His claim was denied by an administrative law judge (ALJ), and the denial was affirmed on appeal to the Department of Labor Benefits Review Board (BRB). In his appeal to this court,1 Davis contends that the decisions of both the ALJ and the BRB were based on an erroneous view of relevant medical evidence...

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