[Download] "Wolf Creek Collieries v. Director" by Sixth Circuit U.S. Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Wolf Creek Collieries v. Director
- Author : Sixth Circuit U.S. Court of Appeals
- Release Date : January 02, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Petitioner Wolf Creek Collieries appeals from (1) a decision and order of the United States Department of Labor Benefits Review Board (the "Board") affirming the Administrative Law Judges denial of a request for modification of his award of black lung survivors benefits to Respondent Evelyn Stephens, and (2) the Boards subsequent denial of Petitioners motion for reconsideration. The arguments presented by Petitioner to justify further review by this court are, first, that the ALJ improperly gave "automatic preference" to the treating physicians opinion, and second, that the ALJs opinion is erroneously based on the treating physicians diagnosis which lacks both substantial evidence and an articulated rationale, and relies on incomplete or invalid data. Because we find that Petitioners arguments lack factual and legal merit, we AFFIRM the benefits award.
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