United States Sixth Circuit

An award of black lung benefits to coal mine worker is affirmed where, although the Benefits Review Board erred in finding that petitioners' petition was insufficient to trigger review, an ALJ correctly applied the law and his factual findings were supported by substantial evidence.

Appellate Information

• Decided 02/16/2007
• Published 02/16/2007

Judges

• Before GIBBONS and ROGERS, Circuit Judges;  HOLSCHUH, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Thomas C. Donkin, Clark & Ward PLLC, Lexington, Kentucky, for Petitioners.  Joseph E. Wolfe, Wolfe, Williams & Rutherford, Norton, Virginia, Helen Cox, Patricia Nece, United States Department of Labor, Washington, D.C., for Respondents.