[Download] "Wiley v. Consolidation Coal Co." by United States Court Of Appeals For The Sixth Circuit * eBook PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: Wiley v. Consolidation Coal Co.
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 28, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Wiley challenges the decision of the ALJ, affirmed by the Benefits Review Board (BRB) denying him benefits pursuant to the Black Lung Benefits Act of 1969, as amended, 30 U.S.C. § 901, et seq. Specifically, Wiley claims that the ALJ improperly failed to invoke the interim presumption provided for in 20 C.F.R. § 727.203(a)(2) and (4). To invoke the interim presumption of disability under § 727.203(a)(2), a pulmonary function study must be both qualifying and conforming. The critical evidence presented in this case consisted of four pulmonary function studies. All four of these studies were qualifying because they produced values less than the MVV and FEV 1 values provided for in 20 C.F.R. § 727.203(a)(2). Two of the studies clearly were nonconforming because they failed to meet the requisite quality standards set forth in 20 C.F.R. § 410.430. The issue presented in this appeal is whether the ALJ can find the two remaining studies to be nonconforming by basing his decision on the opinion of nonexamining physicians who used criteria outside those set forth in § 410.430 in forming their opinions. The BRB affirmed the ALJs decision not to invoke the interim presumption and to deny benefits to Wiley. We hold that the ALJs refusal to invoke the interim presumption was improper as a matter of law. Therefore, we reverse the decision of the BRB and remand to the ALJ, requiring him to invoke the interim presumption pursuant to § 727.203(a)(2) and to hear rebuttal argument pursuant to § 727.203(b).

Free Download "Wiley v. Consolidation Coal Co." PDF ePub Kindle