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Home / Opinion Digests / Administrative – Black Lung Benefits – Most Recent Physician Opinions (access required)

Administrative – Black Lung Benefits – Most Recent Physician Opinions (access required)

Where the administrative law judge, in reviewing this claim for black lung benefits, found that the interim presumption of total disability due to pneumoconiosis under 20 C.F.R § 727.203(a) was rebutted under (b)(3) by the "decisive weight" he gave to the opinions of three physicians whose reports were most recent, the ALJ erred. The ALJ ...

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