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NORFOLK & WESTERN RY. v. DIRECTOR, OWCP

No. 92-2162.

5 F.3d 777 (1993)

NORFOLK AND WESTERN RAILWAY COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; Carl E. Shrader, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided September 30, 1993.

Attorney(s) appearing for the Case

James Stanton Whitehead, Sidley & Austin, Chicago, IL, argued (Linzey D. Jones, Jr., Sidley & Austin, Chicago, IL, Douglas A. Smoot, Jackson & Kelly, Charleston, WV, on brief), for petitioner.

Jeffrey Steven Goldberg, U.S. Dept. of Labor, Washington, DC, argued (Marshall J. Breger, Sol. of Labor, Donald S. Shire, Associate Sol., Patricia M. Nece, Counsel for Appellate Litigation, U.S. Dept. of Labor, Washington, DC, on brief), for respondent Director.

Don Matthew Stacy, Beckley, WV, argued, for respondent Shrader.

Before WIDENER and HAMILTON, Circuit Judges, and POTTER, United States District Judge for the Western District of North Carolina, sitting by designation.

OPINION

WIDENER, Circuit Judge:

Norfolk and Western Railway Company (N & W) appeals from a decision and order of the Benefits Review Board affirming the administrative law judge's (ALJ) award of black lung benefits to Carl Shrader, a former employee of N & W. N & W contests the award of benefits on two grounds: that Shrader was not a miner as defined in 30 U.S.C. § 902(d) and that the ALJ improperly calculated Shrader's period of coal mine...

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