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DEHUE COAL CO. v. BALLARD

No. 94-2369.

65 F.3d 1189 (1995)

DEHUE COAL COMPANY, Petitioner, v. Laymond BALLARD; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided September 25, 1995.

Attorney(s) appearing for the Case

ARGUED: John Payne Scherer, Sr., File, Payne, Scherer & File, Beckley, WV, for petitioner. Edward Lee Bullman, Shaffer & Shaffer, Madison, WV, for respondent Ballard; Barry H. Joyner, United States Department of Labor, Washington, DC, for respondent Director. ON BRIEF: Anthony J. Cicconi, Shaffer & Shaffer, Charleston, WV, for respondent Ballard; Thomas S. Williamson, Jr., Solicitor of Labor, Donald S. Shire, Associate Solicitor, Christian P. Barber, Counsel for Appellate Litigation, United States Department of Labor, Washington, DC, for respondent Director.

Before LUTTIG and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Reversed and remanded by published opinion. Judge WILLIAMS wrote the majority opinion, in which Judge LUTTIG joined. Senior Judge BUTZNER wrote a dissenting opinion.

OPINION

WILLIAMS, Circuit Judge:

In this appeal we consider whether a coal miner, affected by simple pneumoconiosis1 but disabled by an unrelated respiratory condition, is "totally disabled due to pneumoconiosis" within the meaning of 30 U.S.C. § 901...

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