United States Fourth Circuit

In case involving claim for benefits under the Black Lung Benefits Act, determination that respondent is entitled to benefits from petitioner as the responsible coal mine operator, is vacated as the ALJ erred in failing to calculate respondent's years of coal mine employment in accordance with regulations and erred in failing to properly consider and weigh the medical evidence in light of an accurate history of coal dust exposure.

Appellate Information

• Argued 11/29/2006
• Decided 03/15/2007
• Published 03/15/2007

Judges

• Before WILKINS, Chief Judge, and TRAXLER and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kathy Lynn Snyder, Jackson Kelly, P.L.L.C., Morgantown, West Virginia, for Petitioner.  Joseph E. Wolfe, Wolfe, Williams & Rutherford, Norton, Virginia;  Rita A. Roppolo, United States Department of Labor, Office of the Solicitor, Washington, D.C., for Respondents.   ON BRIEF:  Douglas A. Smoot, Jackson Kelly, P.L.L.C., Morgantown, West Virginia, for Petitioner.  Howard M. Radzely, Solicitor of Labor, Patricia M. Nece, for Appellate Litigation, United States Department of Labor, Office of the Solicitor, Washington, D.C., for Respondent Director, Office of Workers' Compensation Programs.