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CUNNINGHAM v. ISLAND CREEK COAL CO.

No. 97-3506.

144 F.3d 388 (1998)

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

United States Court of Appeals, Sixth Circuit.

Decided May 5, 1998.

Attorney(s) appearing for the Case

Ragon C. Cunningham (briefed), Morganfield, KY, pro se.

Martin E. Hall, John W. Walters (briefed), Jackson & Kelly, Lexington, KY, for Island Creek Coal Company.

Michelle S. Gerdano, Christian P. Barber (briefed), U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Director, Office of Workers' Compensation Programs, United States Department of Labor.

Before: MERRITT, NORRIS, and WALLACE, Circuit Judges.

OPINION

MERRITT, Circuit Judge.

Pro se petitioner Ragon Cunningham appeals from a decision of the Benefits Review Board affirming the Administrative Law Judge's denial of black lung benefits. Cunningham and one of the Respondents, the Director of the Office of Workers' Compensation Programs, also appeal the fact that the ALJ failed to hold a hearing on this case. The Director does not challenge the denial of benefits.1

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