(Download) "Meade v. Director" by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Meade v. Director
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 01, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
Before: KENNEDY and RYAN, Circuit Judges; and EDWARDS, Senior District Judge. Per Curiam: Claimant Ishmael Meade appeals the final order of the Benefits Review Board denying him benefits under the Black
Lung Benefits Act, 20 U.S.C. § 901 et. seq. Benefits were denied after the Board found that claimant's medical evidence did
not establish that his pneumoconiosis was "in and of itself totally disabling;" he failed to establish "total disability due
to pneumoconiosis" under 20 C.F.R. § 718.204(c)(4). The Board held that claimant was required to show that his disability
was caused solely by pneumoconiosis. In Adams v. Director, OWCP, No. 88-3946 (6th Cir. September 29, 1989), we expressly rejected
interpretation of the phrase "due to" in the regulation to mean "in and of itself." Id. at 13. Rather, we held that the phrase
"due to" in section 718.204 means "at least in part." The court held that "in order to qualify for benefits under Part 718,
a miner, who is found to suffer from pneumoconiosis under section 718.204(c), must affirmatively establish only that his totally
disabling respiratory impairment . . . was due 'at least in part' to his pneumoconiosis." Id. at 15. Claimant presented medical
evidence that he suffered from pneumoconiosis, in addition to bronchitis, a history of tuberculosis and hypertension. We were
advised by counsel for the Director that he acquiesces on the Adams' standard.