United States Fourth Circuit

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Sea 'B' Mining Co. v. Addison, 14-2324

In a petition for review, in an underlying case in which claimant applied for benefits under the Black Lung Benefits Act, 30 U.S.C. sections 901-944, and the ALJ found that claimant was entitled to benefits under the Act because he had established the existence of clinical and legal pneumoconiosis that resulted in a total respiratory disability, the petition is granted and award of benefits vacated where: 1) the ALJ's decision to exclude additional CT scan evidence was not harmless; and 2) the exclusion of the CT scan evidence rendered the ALJ’s consideration of the medical opinions of two doctors inadequate.

Appellate Information

  • Decided
  • Published 2016/07/29

Judges

  • AGEE

Court

  • United States Fourth Circuit

Counsel

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