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DOUBLE B MINING, INC. v. BLANKENSHIP

No. 98-1206.

177 F.3d 240 (1999)

DOUBLE B MINING, INCORPORATED, Petitioner, v. Lloyd BLANKENSHIP; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided May 21, 1999.

Attorney(s) appearing for the Case

ARGUED: Ronald Eugene Gilbertson, Kilcullen, Wilson & Kilcullen, Washington, D.C., for Petitioner. Sarah Marie Hurley, United States Department of Labor, Washington, D.C., for Respondent Director; Joseph E. Wolfe, Wolfe & Farmer, Norton, Virginia, for Respondent Blankenship. ON BRIEF: Marvin Krislov, Deputy Solicitor for National Operations, Donald E. Shire, Associate Solicitor, Patricia M. Nece, for Appellate Litigation, United States Department of Labor, Washington, D.C., for Respondent Director. Vernon M. Williams, Bobby S. Belcher, Jr., Wolfe & Farmer, Norton, Virginia, for Respondent Blankenship.

Before ERVIN and NIEMEYER, Circuit Judges, and HILTON, Chief United States District Judge for the Eastern District of Virginia, sitting by designation.

Vacated and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge ERVIN and Chief Judge HILTON joined.

OPINION

NIEMEYER, Circuit Judge:

Under the Black Lung Benefits Act, a coal miner is entitled to an irrebuttable presumption that he is totally disabled due to pneumoconiosis if he is able to show that he has "complicated pneumoconiosis" as defined by the Act. Because the administrative law judge failed to apply the statutory...

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