(Download) "Anderson v. Youghiogheny & Ohio Coal Co." by United States Court Of Appeals For The Sixth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Anderson v. Youghiogheny & Ohio Coal Co.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 29, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This is an appeal from the Benefits Review Board (the Board) which affirmed the decision of an administrative law judge (ALJ) denying George Anderson black lung disability benefits. Anderson argues that the ALJ erred in failing to invoke the interim presumption of 20 C.F.R. § 727.203(a) because he erroneously considered a ventilatory test which failed to conform to regulatory requirements. We agree with the Board that the nonconforming ventilatory test was properly considered by the ALJ in making his determination not to invoke the interim presumption of pneumoconiosis. We therefore affirm the decision of the Board.