Unpublished Dispositionspurlock Cure, Petitioner, v. Director, Office of Workers' Compensation Programs, Unitedstates Department of Labor, Respondent, 871 F.2d 1087 (6th Cir. 1989)

ORDER

Petitioner has sought review of a decision by the Benefits Review Board affirming the denial of black lung benefits by the administrative law judge. The petitioner challenged the finding that he had less than ten years of coal mine employment and the Board's refusal to apply 20 C.F.R. Sec. 410.490, as well as the evaluation of the evidence. Respondent now moves that this case be remanded for payment of benefits based on the United States Supreme Court's decision in Pittson Coal Group v. Sebben, 57 U.S.L.W. 4029 (U.S. Dec. 6, 1988). In Pittson, the Court affirmed the application of the less restrictive Sec. 410.490 criteria to certain benefit claims instead of the interim criteria of 20 C.F.R. Sec. 727.203. Upon review and consideration,

It is ORDERED that this case be remanded to the Benefits Review Board which is instructed to vacate its opinion and remand to the deputy commissioner for payment of black lung benefits.