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PEABODY COAL CO. v. GROVES

No. 00-3867.

277 F.3d 829 (2002)

PEABODY COAL CO., Petitioner, v. Wilma J. GROVES; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed January 17, 2002.

Attorney(s) appearing for the Case

ARGUED: Mark E. Solomons, GREENBERG & TRAURIG, Washington, D.C., for Petitioner. Helen Cox, UNITED STATES DEPARTMENT OF LABOR, OFFICE OF THE SOLICITOR, Washington, D.C., Joseph H. Kelley, MONHOLLON & KELLEY, Madisonville, Kentucky, for Respondents.

ON BRIEF: Mark E. Solomons, Laura Metcoff Klaus, GREENBERG & TRAURIG, Washington, D.C., for Petitioner.

Helen Cox, Patricia M. Nece, UNITED STATES DEPARTMENT OF LABOR, OFFICE OF THE SOLICITOR, Washington, D.C., Joseph H. Kelley, MONHOLLON & KELLEY, Madisonville, Kentucky, for Respondents.

Laura Metcoff Klaus (briefed), Mark E. Solomons (argued and briefed), Greenberg & Traurig, Washington, DC, for Peabody Coal Company.

Patricia M. Nece (briefed), Counsel for App. Litigation, Helen Cox (argued and briefed), U.S. Dept. of Labor, Washington, DC, for Department of Labor.

Joseph H. Kelley (argued and briefed), Monhollon & Kelley P.S.C., Madisonville, KY, for Wilma J. Groves.

Before: KENNEDY, MOORE, and COLE, Circuit Judges.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Petitioner Peabody Coal Co. ("Peabody") appeals an award of benefits under the Black Lung Benefits Act ("BLBA"), 30 U.S.C. §§ 901-962. Peabody argues 1) that the administrative law judge ("ALJ") applied a "treating physician presumption" in violation of the Administrative Procedure Act, 5 U.S.C. §§ 551-559, and 2) that the ALJ's decision to rely on the treating physicians' medical opinions was...

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