Hunsucker v. Flat Gap Mining Co. - United States Court of Appeals for the Fourth Circuit

Hunsucker v. Flat Gap Mining Co.

By United States Court of Appeals for the Fourth Circuit

  • Release Date - Published: 1994-08-26
  • Book Genre: Law
  • Author: United States Court of Appeals for the Fourth Circuit
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Hunsucker v. Flat Gap Mining Co. United States Court of Appeals for the Fourth Circuit read online review & book description:

Charles Hunsucker seeks review of the Benefits Review Boards (Board) decision and order affirming the administrative law Judges (ALJ) denial of black lung benefits pursuant to 30 U.S.C.A. §§ 901-945 (West 1986 & Supp. 1993). The ALJ found the evidence of record sufficient to establish total disability, but insufficient to establish the existence of pneumoconiosis or that pneumoconiosis contributed to the miners total disability. The Board affirmed the finding of no pneumoconiosis without addressing the cause of disability. The only issue raised by Hunsuckers counsel before the Board relating to the ALJs finding of no pneumoconiosis, and thus the only issue preserved for our review on appeal, see South Carolina v. United States Dept of Labor, 795 F.2d 375, 378 (4th Cir. 1986), was that the ALJ erred by finding that Dr. Robinettes reports finding coal workers pneumoconiosis did not constitute a diagnosis of pneumoconiosis under 20 C.F.R. § 718.202(a)(4) (1993) because they were based "solely" on positive X-rays. The Board rejected Hunsuckers contention, but we do not. We therefore remand for further consideration.

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