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ADKINS v. DIRECTOR, OWCP

No. 91-2903.

958 F.2d 49 (1992)

Bernie ADKINS, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; West Virginia Coal Workers' Pneumoconiosis Fund, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided February 28, 1992.

Attorney(s) appearing for the Case

Edward L. Bullman, Shaffer & Shaffer, Madison, W.V., argued (George D. Blizzard, II, Shaffer & Shaffer, Madison, W.Va., on the brief), for petitioner.

Thomas Hammond Zerbe, West Virginia Coal Workers' Pneumoconiosis Fund, Charleston, W.Va., argued (Michael John Denney, Office of the Solicitor, U.S. Dept. of Labor, Washington, D.C., on the brief), for respondents.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, HALL, Circuit Judge, and BUTZNER, Senior Circuit Judge.

OPINION

K.K. HALL, Circuit Judge:

Bernie Adkins petitions for review of an order of the Department of Labor's Benefits Review Board (BRB) denying his claim for benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. We must decide whether the administrative law judge (ALJ) properly rejected an x-ray reading by a "B" reader in favor of two later readings by non-"B" readers, based solely on a "later evidence is better" theory. We hold...

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