(DOWNLOAD) "Warman V. Pittsburg & Midway Coal Mining Co." by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Warman V. Pittsburg & Midway Coal Mining Co.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 09, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
In this review of the denial of black lung benefits we are presented with the subtle yet important difference between the separate rebuttal provisions of 20 C.F.R. § 727.203(a)(3) and (4). While we hold that the Board erred in supporting the ALJ's reliance upon (b)(3) for rebuttal of the interim presumption under section 727.203(a), we nonetheless, for the reasons which follow, uphold denial upon the alternative ruling of the ALJ under (b)(4). Although the Board did not expressly affirm on this basis, the issue was properly before it and is likewise properly before us. Since our standard of review and that of the Board are the same, we do not remand but instead uphold the final decision upon the alternate holding of the ALJ.
 "Warman V. Pittsburg & Midway Coal Mining Co." by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free){kind=link}