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ISLAND CREEK COAL CO. v. COMPTON

No. 98-2051.

211 F.3d 203 (2000)

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

United States Court of Appeals, Fourth Circuit.

Decided: May 2, 2000

Attorney(s) appearing for the Case

ARGUED: Douglas Allan Smoot, Jackson & Kelly, P.L.L.C., Charleston, West Virginia, for Island Creek. Michelle Seyman Gerdano, Office of the Solicitor, United States Department of Labor, Washington, D.C., for Director. Perry Duane McDaniel, Crandall, Pyles, Haviland & Turner, L.L.P., Charleston, West Virginia, for Compton.

ON BRIEF: Henry L. Solano, Solicitor of Labor, Donald S. Shire, Associate Solicitor, Christian P. Barber, for Appellate Litigation, Office of the Solicitor, United States Department of Labor, Washington, D.C., for Director. George P. Surmaitis, Crandall, Pyles, Haviland & Turner, L.L.P., Charleston, West Virginia, for Compton.

Before WILKINS and LUTTIG, Circuit Judges, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.

Vacated and remanded by published opinion. Judge WILKINS wrote the opinion, in which Judge LUTTIG and Senior Judge MICHAEL joined.

OPINION

WILKINS, Circuit Judge:

Island Creek Coal Company (Island Creek or the company) petitions for review of a decision of the Benefits Review Board (the Board or BRB) affirming an award by an Administrative Law Judge (ALJ) of black lung benefits to Dennis E. Compton. See 30 U.S.C.A. §§ 901-945 (West...

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