UNDERWOOD v. ELKAY MIN., INC.

No. 95-2717.

105 F.3d 946 (1997)

Elmer UNDERWOOD, Petitioner, v. ELKAY MINING, INCORPORATED; Hobet Mining Company; West Virginia C.W.P. Fund; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents, and W & G Construction Company; Whitesville A & S Coal Company, Parties in Interest-Employers.

United States Court of Appeals, Fourth Circuit.

Decided February 4, 1997.


Attorney(s) appearing for the Case

ARGUED: Roger Daniel Forman, Forman & Crane, L.C., Charleston, West Virginia, for Petitioner. Konstantine Keian Weld, Assistant Attorney General, Charleston, West Virginia; Douglas A. Smoot, Jackson & Kelly, Charleston, West Virginia, for Respondents. ON BRIEF: Darrell V. McGraw, Jr., Attorney General, Charleston, West Virginia, for Respondent Fund.

Before NIEMEYER and MOTZ, Circuit Judges, and DOUMAR, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.


Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MOTZ and Senior Judge DOUMAR joined.

OPINION

NIEMEYER, Circuit Judge:

This case presents the question of whether an administrative law judge ("ALJ"), conducting a hearing on a claim for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-45, committed reversible error by admitting cumulative evidence offered by the coal mine operator. Because we conclude...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases