James Sanati, Petitioner, v. Consolidation Coal Company; Office of Workers Compensationprograms, Respondents, 892 F.2d 75 (4th Cir. 1989)Annotate this Case
Argued: Oct. 30, 1989. Decided: Dec. 11, 1989
Robert F. Cohen, Jr. (Cohen, Abate & Cohen; Sharon A. Hayes, on brief), for petitioner.
David Allen Barnette (Jackson & Kelly, on brief), for respondent.
Before K.K. HALL, MURNAGHAN and CHAPMAN, Circuit Judges.
The estate of James Sanati appeals the Benefits Review Board's ("BRB") decision reinstating its prior decision affirming the Administrative Law Judge's ("ALJ") supplemental decision and order on remand in which the ALJ denied the claim for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq., on a finding that Sanati's medical evidence was insufficient to invoke the interim presumption found at 20 C.F.R. § 727.203. After review of the record, the numerous BRB and ALJ opinions, and consideration of oral argument, we conclude that this appeal is without merit. Accordingly, we affirm on the reasoning of the BRB.1
Our affirmance in no way prejudices the estate's right, under § 22 of the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 922, and 20 C.F.R. §§ 725.310, 725.480 to move the Department of Labor for a modification of this denial of benefits in view of the new autopsy evidence. See Lee v. Consolidation Coal Co., 843 F.2d 159 (4th Cir. 1988)