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· 3/3/1987

Homer R. Sykes v. Director, Office of Workers' Compensation Programs, United States Department of Labor and Itmann Coal Company, a Corporation

Citations

  • 812 F.2d 890
  • 1987 U.S. App. LEXIS 2709

How courts have described this case

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

  • holding that Board's position that (b)(2) rebuttal may be established with proof that miner is not totally disabled for pulmonary or respiratory reasons is \belied by the words of the regulation\
  • \A mere finding of 'no impairment' ... cannot be equated with a finding that a claimant can continue to perform [his usual] coal mining work\
  • in the context of (b)(2) rebuttal, \mere finding of 'no impairment' ... cannot be equated with a finding that a claimant can continue to perform coal mining work.\
  • 20 C.F.R. § 727.203(b)(2) addresses whole-man dis- ability vel non; questions of causation are relevant only to § 727.203(b)(3), under which the respondent must \rule out\ any connec- tion between pneumoconiosis and disability
  • petition for reh'g denied June 22, 1987

Source: CourtListener parenthetical corpus (CC0).

Judges: Widener, Phillips, Ervin

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.