United States Ninth Circuit
Peabody Coal Company v. Director, Office of Workers' Compensation Programs, 12-70535
A petition for review of a decision of the Benefits Review Board ordering petitioner to pay a coal miner's surviving spouse benefits under the Black Lung Benefits Act of 1972 is denied, where: 1) the administrative law judge (ALJ) did not violate the Administrative Procedure Act by considering the regulatory preamble to the Black Lung Benefits Act in his decision awarding benefits; 2) a preamble may be used to give an ALJ understanding of a scientific or medical issue, and the ALJ properly considered the regulatory preamble to evaluate conflicting expert medical opinions; and 3) the ALJ's award of benefits was supported by substantial evidence.
Appellate Information
- Decided 04/01/2014
- Published 04/01/2014
Judges
- PREGERSON
Court
- United States Ninth Circuit