United States Fourth Circuit

The Benefits Review Board ("BRB") incorrectly concluded that the ALJ did not err in (1) failing to address defendant's admissions, (2) that 29 C.F.R. section 18.20 did not apply to black lung proceedings, and (3) that petitioner had waived his right to rely on the admissions.

Appellate Information

• Decided 04/08/2003
• Published 04/08/2003

Judges

• Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• ARGUED:James McPherson Talbert-Slagle, Washington & Lee University School of Law, Lexington, Virginia, for Johnson. Helen Hart Cox, United States Department of Labor, Washington, D.C., for Director.   Robert Weinberger, Employment Programs Litigation Unit, Charleston, West Virginia, for Royal Coal, et al. ON BRIEF:James M. Phemister, Washington & Lee University School of Law, Lexington, Virginia, for Johnson.  Eugene Scalia, Solicitor of Labor, Donald S. Shire, Associate Solicitor, Patricia M. Nece, for Appellate Litigation, United States Department of Labor, Washington, D.C., for Director.