United States Fourth Circuit

Petition for review of the decision by the Benefits Review Board to award black lung benefits to petitioner's former employee, is denied, where: 1) the award of benefits is supported by the substantial evidence in the record; 2) the Board properly affirmed the ALJ’s finding that the former employee suffers from legal pneumoconiosis; and 3) the ALJ properly placed the burden of proof on the former employee to establish the existence of legal pneumoconiosis.

Appellate Information

• Decided 06/04/2013
• Published 06/04/2013

Judges

• WYNN

Court

• United States Fourth Circuit

Counsel