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  • J. Willard Castle v. Director, Office of Worker's Compensation Programs, United States Department of Labor, 800 F.2d 260, 4th Cir. (1986)

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    The document is a court case regarding a claim for benefits under the Federal Coal Mine Health and Safety Act. It summarizes that: 1) The petitioner argued the ALJ should have invoked the presumption of disability based on x-ray evidence of pneumoconiosis. 2) The respondent admitted the evidence was sufficient to trigger the presumption but argued it was rebutted as a matter of law. 3) Given a recent relevant court decision, the appeals court determined summary remand was appropriate for the ALJ to consider invoking and addressing rebuttal of the presumption based on the x-ray evidence, without the appeals court making a determination on rebuttal.

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    Filed: 1986-09-11 Precedential Status: Non-Precedential Citations: 800 F.2d 260 Docket: 85-1154

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    The document is a court case regarding a claim for benefits under the Federal Coal Mine Health and Safety Act. It summarizes that: 1) The petitioner argued the ALJ should have invoked the presumption of disability based on x-ray evidence of pneumoconiosis. 2) The respondent admitted the evidence was sufficient to trigger the presumption but argued it was rebutted as a matter of law. 3) Given a recent relevant court decision, the appeals court determined summary remand was appropriate for the ALJ to consider invoking and addressing rebuttal of the presumption based on the x-ray evidence, without the appeals court making a determination on rebuttal.

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    J. Willard Castle v. Director, Office of Worker's Compensation Programs, United States Department of Labor, 800 F.2d 260, 4th Cir. (1986)

    Uploaded by

    Scribd Government Docs
    The document is a court case regarding a claim for benefits under the Federal Coal Mine Health and Safety Act. It summarizes that: 1) The petitioner argued the ALJ should have invoked the presumption of disability based on x-ray evidence of pneumoconiosis. 2) The respondent admitted the evidence was sufficient to trigger the presumption but argued it was rebutted as a matter of law. 3) Given a recent relevant court decision, the appeals court determined summary remand was appropriate for the ALJ to consider invoking and addressing rebuttal of the presumption based on the x-ray evidence, without the appeals court making a determination on rebuttal.

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    of 2

    800 F.

    2d 260
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    J. Willard CASTLE, Petitioner,
    v.
    DIRECTOR, OFFICE OF WORKER'S COMPENSATION
    PROGRAMS, United
    States Department of Labor, Respondent.
    No. 85-1154.

    United States Court of Appeals, Fourth Circuit.


    Submitted Aug. 13, 1986.
    Decided Sept. 11, 1986.

    C. Randall Lowe, Yeary, Tate & Lowe, for appellant.


    George R. Salem, Deputy Sol., Donald S. Shire, Assoc. Sol., J. Michael
    O'Neill, Counsel for Appellate Litigation, Sylvia T. Kaser, Atty., U.S.
    Dept. of Labor, for appellee.
    Ben. Rev. Bd.
    REMANDED.
    Before HALL and SPROUSE, Circuit Judges, and BUTZNER, Senior
    Circuit Judge.
    PER CURIAM:

    J. Willard Castle moves this Court for summary remand of his claim filed
    pursuant to Title IV of the Federal Coal Mine Health and Safety Act of 1969, as
    amended, 30 U.S.C. 5 901 et seq . Castle argues that the Administrative Law

    Judge (ALJ) should have raised the presumption that he was disabled under 20
    C.F.R. 5 727.203(a) (1) based on x-ray evidence indicating the presence of
    pneumoconiosis. The respondent admits that the evidence is sufficient to
    trigger the presumption but argues that the evidence as a whole mandates a
    finding that the presumption has been rebutted as a matter of law.
    2

    In light of this Court's recent decision in Stapleton v. Westmoreland Coal Co.,


    785 F.2d 424 (4th Cir. 1986) (en banc), our review of tlie record indicates that
    summary remand is appropriate in this case. The ALJ should have invoked the
    presumption based on the x-ray evidence read positive for pneumoconiosis. As
    the ALJ did not invoke the presumption, and thus did not address the question
    of rebuttal, we decline to hold that there has been rebuttal of the presumption as
    a matter of law. We, therefore, remand this case for further proceedings
    consistent with our decision in Stapleton. We dispense with oral argument as it
    would not significantly aid the decisional process.
    REMANDED

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