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CURRY v. BEATRICE POCAHONTAS COAL CO.

No. 94-1780.

67 F.3d 517 (1995)

William F. CURRY, Petitioner, v. BEATRICE POCAHONTAS COAL COMPANY; Director, Office Of Workers' Compensation Programs, United States Department Of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided October 23, 1995.

Attorney(s) appearing for the Case

ARGUED: Lawrence Lee Moise, III, Vinyard & Moise, Abingdon, Virginia, for Petitioner. Richard Anthony Seid, Counsel for Administrative Litigation and Legal Advice, United States Department of Labor, Washington, DC, for Respondent Director; Douglas Allan Smoot, Jackson & Kelly, Charleston, West Virginia, for Respondent Beatrice Pocahontas. ON BRIEF: Thomas S. Williamson, Solicitor of Labor, Donald S. Shire, Associate Solicitor, Patricia M. Nece, Counsel for Appellate Litigation, United States Department of Labor, Washington, DC, for Respondent Director.

Before WIDENER and LUTTIG, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

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

OPINION

PHILLIPS, Senior Circuit Judge:

William Curry, a retired coal miner, petitions for review of the decision of the Benefits Review Board (BRB) denying him benefits under the Federal Coal Mine Health and Safety Act of 1969 (Black Lung Benefits Act), as amended, 30 U.S.C. §...

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