Black Diamond Coal Mining Company v. Benefits Review Board

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that ALJ properly refused to accredit opinion of physician who stated that he would not diagnose pneumoconiosis absent positive x-ray evidence that the disease existed
• stating that an ALJ could infer that a miner was totally disabled when a doctor’s report indicated that the miner could not “walk more than one block or climb one flight of stairs daily”
• stating that an ALJ Could infer that a miner was totally disabled when a doctor’s report indicated that the miner could not “walk more than one block or climb one flight of stairs daily”
• discussing rebuttal of interim entitlement presumption under 20 C.F.R. § 727.203(b)(4)
• Doctor's opinion that claimant was limited to one block of walking per day was sufficient fact from which ALJ could infer total disability. Fact that doctor placed no limit on lifting or carrying did not preclude finding of total disability.
• rebuttal requires affirmative proof that pneumoconiosis does not exist

Source: CourtListener parenthetical corpus (CC0).