· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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