Professional Documents
Culture Documents
No. 04-1869
Argued:
Decided:
PER CURIAM:
Westmoreland Coal Company (Westmoreland) petitions for
review of an order of the Benefits Review Board (BRB) affirming an
administrative law judges award of benefits under the Black Lung
Benefits Act (the Act), 30 U.S.C. 901 et seq., to Theodore
Barker.
30 U.S.C. 921(a).
A miner
(A)
x-rays
show
one
or
more
opacities
(greater
than
one
of
Radiographs
of
Pneumoconioses
by
the
Id. 921(c)(3).
order, dated October 18, 2000, denying benefits, and the BRB
affirmed on October 23, 2001.
The District
Upon
reviewing the evidence, the ALJ determined that Barker was entitled
to the statutory irrebuttable presumption of total disability due
to pneumoconiosis.
See id.
The BRB
no
reversible
error.
We
therefore
deny
Westmorelands