JOHNSON v. ISLAND CREEK COAL CO.

No. 86-4153.

846 F.2d 364 (1988)

Comas JOHNSON, Petitioner, v. ISLAND CREEK COAL CO., and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided May 12, 1988.


Attorney(s) appearing for the Case

Albert A. Burchett (argued), Prestonsburg, Ky., for petitioner.

Allen Prunty, Jackson, Kelly, Holt & O'Farrell, Charleston, W.Va., for Island Creek Coal.

Martin Hall, Office of the Sol., U.S. Dept. of Labor, J. Michael O'Neill, Marta Kusic, Benefits Review Bd., U.S. Dept. of Labor, Washington, D.C., for respondents.

Before: KRUPANSKY and RYAN, Circuit Judges, and CONTIE, Senior Circuit Judge.


KRUPANSKY, Circuit Judge.

Petitioner, Comas Johnson (Johnson), petitioned this court for review of the decision of the Benefits Review Board of the United States Department of Labor (Board) denying him disability benefits under the Black Lung Benefits Act, 30 U.S.C. § 901, et seq.

Johnson worked as a coal miner for approximately 19 years and had an eighth grade education. Johnson retired in 1975 when he began experiencing shortness of breath, and...

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