United States Fourth Circuit

In a coal miner and smoker's claim for benefits under the Black Lung Benefits Act, in finding the existence of pneumoconiosis the administrative law judge failed to weigh all the relevant evidence together, and gave undue weight to a treating physician's opinion.

Appellate Information

• Argued 10/28/2002
• Decided 12/20/2002
• Published 12/20/2002

Judges

• Before LUTTIG, WILLIAMS and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  William Steele Mattingly, Jackson & Kelly, P.L.L.C., Morgantown, West Virginia, for Petitioner.  Cheryl Catherine Cowen, Waynesburg, Pennsylvania, for Respondent Held;  Helen Hart Cox, United States Department of Labor, Washington, D.C., for Respondent Director.   ON BRIEF:  Kathy L. Snyder, Jackson & Kelly, P.L.L.C., Morgantown, West Virginia, for Petitioner.  Henry L. Solano, Solicitor of Labor, Donald S. Shire, Associate Solicitor, Patricia M. Nece, for Appellate Litigation, United States Department of Labor, Washington, D.C., for Respondent Director.