1) Jimmie J. Lemon, Jr., a former coal miner, sought black lung benefits but was denied by an ALJ based on findings that Lemon failed to establish pneumoconiosis or total disability from a respiratory impairment.
2) The Benefits Review Board affirmed the ALJ's denial of benefits. Lemon appealed to the United States Court of Appeals for the Fourth Circuit.
3) The Fourth Circuit reviewed the Board's decision and found no reversible error, as the ALJ's findings were supported by substantial evidence in the record, including medical reports that attributed Lemon's disability to obesity and smoking rather than pneumoconiosis. The court therefore affirmed the Board's decision denying benefits
1) Jimmie J. Lemon, Jr., a former coal miner, sought black lung benefits but was denied by an ALJ based on findings that Lemon failed to establish pneumoconiosis or total disability from a respiratory impairment.
2) The Benefits Review Board affirmed the ALJ's denial of benefits. Lemon appealed to the United States Court of Appeals for the Fourth Circuit.
3) The Fourth Circuit reviewed the Board's decision and found no reversible error, as the ALJ's findings were supported by substantial evidence in the record, including medical reports that attributed Lemon's disability to obesity and smoking rather than pneumoconiosis. The court therefore affirmed the Board's decision denying benefits
1) Jimmie J. Lemon, Jr., a former coal miner, sought black lung benefits but was denied by an ALJ based on findings that Lemon failed to establish pneumoconiosis or total disability from a respiratory impairment.
2) The Benefits Review Board affirmed the ALJ's denial of benefits. Lemon appealed to the United States Court of Appeals for the Fourth Circuit.
3) The Fourth Circuit reviewed the Board's decision and found no reversible error, as the ALJ's findings were supported by substantial evidence in the record, including medical reports that attributed Lemon's disability to obesity and smoking rather than pneumoconiosis. The court therefore affirmed the Board's decision denying benefits
FOR THE FOURTH CIRCUIT JIMMIE J. LEMON, JR., Petitioner, v. PEABODY COAL COMPANY; DIRECTOR, No. 96-2142 OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondents. On Petition for Review of an Order of the Benefits Review Board. (No. 95-2299-BLA) Submitted: January 31, 1997 Decided: February 24, 1997 Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges. _________________________________________________________________ Affirmed by unpublished per curiam opinion. _________________________________________________________________ COUNSEL S.F. Raymond Smith, RUNDLE & RUNDLE, L.C., Pineville, West Virginia, for Petitioner. Mark E. Solomons, Laura Metcoff Klaus, ARTER & HADDEN, Washington, D.C., for Respondents. _________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c). _________________________________________________________________ OPINION PER CURIAM: Jimmie Joe Lemon, Sr., a former coal miner, seeks review of a decision of the Benefits Review Board (Board) affirming an administrative law judge's (ALJ) decision to deny his application for black lung benefits. The ALJ denied benefits in this case based on his finding that Lemon failed to establish the presence of pneumoconiosis or that he was totally disabled by a respiratory or pulmonary impairment. The Board affirmed the ALJ's finding of no pneumoconiosis and denial of benefits. After reviewing the record, we find no reversible error and affirm the order of the Board. This Court reviews the Board's decision only for errors of law and to ensure that the Board adhered to the correct standard of review.1 Therefore, this Court affirms the Board's decision if the Board properly decided that the ALJ's findings are supported by substantial evidence.2 To determine whether the ALJ's findings are supported by substantial evidence, this Court undertakes an independent review of the record.3 However, review is confined to the grounds upon which the Board based its decision.4 On appeal, Lemon contends that the ALJ erred by finding the medical opinion evidence insufficient to establish pneumoconiosis pursuant to 20 C.F.R. 718.202(a)(4) (1996). We disagree. The record belies Lemon's contentions that the medical reports credited by the _________________________________________________________________ 1 Doss v. Director, Office of Workers' Compensation Programs, 53 F.3d 654, 658 (4th Cir. 1995). 2 Id. at 659. 3 Dehue Coal Co. v. Ballard, 65 F.3d 1189, 1193 (4th Cir. 1995). 4 See Grigg v. Director, Office of Workers' Compensation Programs, 28 F.3d 416, 418 (4th Cir. 1994); see also Securities and Exch. Comm'n v. Chenery Corp., 318 U.S. 80, 87 (1943). 2
ALJ finding no pneumoconiosis were impermissibly based solely on
negative X-rays. Doctors Zandivar and Tuteur, on whose opinions the ALJ primarily relied, explained in great detail how not only the overwhelming negative X-ray evidence, but also Lemon's medical history, symptoms, physical examinations, and objective studies supported their conclusion that Lemon's disability stems from morbid obesity and smoking. Accordingly, the decision of the Board denying benefits is affirmed. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 3
United States of America Ex Rel. Joseph Degrandis, Relator-Appellant v. Hon. Harold W. Follette, As Warden of Green Haven State Prison, Stormville, New York, 398 F.2d 830, 2d Cir. (1968)
Joseph Siminoff, Ida Gottesman, Anna Taffler, Benny Saltzman, Felix Kusman, Rose Lightcap and Martin Young v. P. A. Esperdy, District Director of the Third District of the Immigration and Naturalization Service at New York, New York, 267 F.2d 705, 2d Cir. (1959)