Unpublished Dispositionkessell G. Estep, Petitioner, v. Southern Ohio Coal Company; Director, Office of Workerscompensation Programs; Benefits Review Board, Respondents, 774 F.2d 1162 (6th Cir. 1985)

In this appeal counsel for petitioner failed to appear for oral argument without notice or explanation. Double costs of this appeal are therefore taxed against Sanford A. Meizlish, counsel for petitioner.

This is an appeal from the decision of the Benefits Review Board, United States Department of Labor. The Board affirmed the Administrative Law Judge's finding that the interim presumption, invoked pursuant to 20 C.F.R. Sec. 727.203(a) (1) and (2), had been properly rebutted under Sec. 727.203(b) (3). Thus, the Benefits Review Board determined that petitioner was not entitled to black lung disability benefits. Petitioner argues in his brief on appeal that the decision of the Board and the ALJ are contrary to law and lacking in substantial evidence. Upon review of the record, the Court concludes that the ALJ's decision, finding rebuttal pursuant to 20 C.F.R. Sec. 727.203(b) (3), is supported by the reports of Drs. Hand, Prendergast and Prior which reports constitute substantial evidence for the decision below. Accordingly, the decision of the Benefits Review Board is affirmed.