United States Sixth Circuit
WOLF CREEK COLLIERIES v. DIR., OFFICE OF WORKERS' COMP. PROGRAM, 00-3404
There is no presumption that opinions of treating physicians are correct and controlling under the Administrative Procedure Act, and an Administrative Law Judge gave appropriate weight to differing opinions, thus an award of black lung survivor's benefits is upheld.
Appellate Information
- Decided 08/02/2002
- Published 08/02/2002
Judges
- Before: MOORE and COLE, Circuit Judges; ROSEN, District Judge.
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- Laura Metcoff Klaus (briefed), Mark E. Solomons (argued and briefed), Greenberg & Traurig, Washington, DC, for Petitioner.
- For Appellees:
- Patricia Nece (briefed), Barry H. Joyner (argued), Helen Cox (briefed), U.S. Department of Labor, Office of the Solicitor, Washington, DC, J. Logan Griffith (argued and briefed), Porter, Schmitt, Jones & Banks, Paintsville, KY, for Respondents.