Peabody Coal v. OWCP, No. 12-70535 (9th Cir. 2014)
Annotate this CasePeabody appealed the Board's affirmance of the ALJ's decision ordering Peabody to pay a coal miner's surviving spouse all the benefits to which the coal miner was entitled to receive under the Black Lung Benefits Act, 20 C.F.R. 718.201(a). The court concluded that the ALJ did not violate the Administrative Procedure Act, 5 U.S.C. 553, by considering the regulatory preamble to the Black Lung Benefits Act in his decision and the ALJ's award of benefits to the coal miner was supported by substantial evidence. Accordingly, the court denied Peabody's petition for review.
Court Description: Black Lung Benefits Act. The panel denied a petition for review of a decision of the Benefits Review Board ordering Peabody Coal Company to pay a coal miner’s surviving spouse benefits under the Black Lung Benefits Act of 1972. The panel held that the administrative law judge did not violate the Administrative Procedure Act by considering the regulatory preamble to the Black Lung Benefits Act in his decision awarding benefits. The panel held that a preamble may be used to give an ALJ understanding of a scientific or medical issue, and concluded that the ALJ properly considered the regulatory preamble to evaluate conflicting expert medical opinions. The panel also held that the ALJ’s award of benefits was supported by substantial evidence.
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