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MALCOMB v. ISLAND CREEK COAL CO.

No. 93-1369.

15 F.3d 364 (1994)

Charles Boyd MALCOMB, Petitioner, v. ISLAND CREEK COAL COMPANY; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided February 2, 1994.

Attorney(s) appearing for the Case

ARGUED: Roger Daniel Forman, Forman & Crane, Charleston, West Virginia, for appellant. Edward Waldman, United States Department of Labor, Washington, DC, for respondent.

Douglas Allan Smoot, Jackson & Kelly, Charleston, West Virginia, for respondent Island Creek Coal. ON BRIEF: Thomas S. Williamson, Jr., Sol. of Labor, Donald S. Shire, Assoc. Sol., Barbara J. Johnson, for appellate Litigation, United States Department of Labor, Washington, DC, for respondent Director.

Mary Rich Maloy, Jackson & Kelly, Charleston, West Virginia, for respondent Island Creek Coal.

Before ERVIN, Chief Judge, DONALD RUSSELL, Circuit Judge, and CLARKE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

DONALD RUSSELL, Circuit Judge:

Claimant Charles Malcomb appeals from the Benefits Review Board's denial of his claim for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. We find that the Board erred in its decision, and we reverse and remand for the Board to award benefits to Malcomb.

I

Malcomb was employed as a coal miner for almost thirty years before retiring...

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