CLAY, J., delivered the opinion of the court, in which COLE, J., joined. RYAN, J. (p. 637), delivered a separate concurring opinion.
OPINION
CLAY, Circuit Judge.
Petitioners, Peabody Coal Company ("Peabody") and Old Republic Insurance Company, appeal the decision of the Administrative Law Judge ("ALJ") Charles Rippey granting black lung benefits to respondent, Marvin Ferguson ("Ferguson"). The Benefits Review Board of the Department of Labor ("Board...
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