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STATON v. NORFOLK & WESTERN RY. CO.

No. 94-3189.

65 F.3d 55 (1995)

Glen E. STATON, Petitioner, v. NORFOLK & WESTERN RAILWAY COMPANY, Respondent, Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Party-in-Interest.

United States Court of Appeals, Sixth Circuit.

Decided September 6, 1995.

Attorney(s) appearing for the Case

Glen E. Staton (briefed), Merritt Island, FL, pro se.

Patricia Nece, Christian P. Barber, Gary K. Stearman (argued and briefed), U.S. Department of Labor, Office of Solicitor, Washington, DC, for Director, Office of Workers' Compensation Programs, U.S. Department of Labor.

Douglas A. Smoot (briefed), Jackson & Kelly, Charleston WV, James S. Whitehead (argued), Chicago, IL, for Norfolk and Western Ry. Co.

Before: NELSON and NORRIS, Circuit Judges; BELL, District Judge.

DAVID A. NELSON, Circuit Judge.

This is a black lung case in which the Benefits Review Board affirmed the decision of an administrative law judge denying a claim for benefits. The ALJ determined initially that the claimant qualified under 20 C.F.R. § 727.203(a) as "[a] miner who engaged in coal mine employment for at least 10 years ..." If this determination was correct, it meant that the claimant would be entitled to a presumption of total disability due to...

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