William E. Vance, Petitioner, v. Koch Carbon Incorporated; Director, Office of Workers'compensation Programs, United States Department Oflabor, Respondents, 907 F.2d 1141 (4th Cir. 1990)
Annotate this CaseOn Petition for Review of an Order of the Benefits Review Board. (BRB Nos. 88-412-BLA, 85-0754-BLA)
William E. Vance, petitioner pro se.
Mark E. Solomon, Michael J. Pollack, Arter & Hadden, Barbara J. Johnson, Russell Alan Shultis, United States Department of Labor, Washington, D.C., for respondents.
Ben.Rev.Bd.
VACATED AND REMANDED.
Before K.K. HALL and WILKINS, Circuit Judges, and BUTZNER, Senior Circuit Judge.
PER CURIAM:
William E. Vance seeks review of the Benefits Review Board's decision and order affirming the administrative law judge's denial of black lung benefits pursuant to 30 U.S.C. §§ 901 et seq. The Director has intervened in this appeal, raising questions regarding the denial of Vance's claim. Although the employer objects to the Director raising these arguments at this time, we think the issues raised by the Director on appeal are best resolved through remand to the Board.
Accordingly, we deny the employer's motion to strike, and the decision and order of the Board is vacated and the case is remanded to the Board for further consideration of the Director's arguments.
VACATED AND REMANDED.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
