United States Fourth Circuit

Petition for review of an order of the Benefits Review Board (BRB) affirming the Administrative Law Judge's (ALJ) award of benefits to claimant, is denied, where: 1) the ALJ did not in fact apply rebuttal limitations to petitioner; instead, the ALJ considered all of the evidence that petitioner offered to demonstrate that pneumoconiosis did not cause or substantially contribute to claimant's total disability, and the Board affirmed the ALJ's analysis; and 2) petitioner's other challenges to the ALJ's factual findings and sufficiency of the evidence lack merit.

Appellate Information

• Decided 07/31/2013
• Published 07/31/2013

Judges

• NIEMEYER

Court

• United States Fourth Circuit

Counsel