Fred Terry v. Director, Office of Workers' Compensation Programs, United States Department of Labor

956 F.2d 251, 1992 U.S. App. LEXIS 5041, 1992 WL 41270

• Court: Court of Appeals for the Eleventh Circuit
• Decided: March 23, 1992
• Docket: 91-7136
• Status: Published

Opinion

PER CURIAM:

This is a petition for review of the order of the Benefits Review Board that affirmed the decision and order of an administrative law judge denying benefits to petitioner Fred Terry.

With respect to the AU’s finding that Terry failed to establish at least ten years of coal mine employment, we hold that the Board did not err in finding that the AU’s findings of fact were supported by substantial evidence in the record considered as a whole.

The Director suggests that this case should be remanded for the ALJ to consider additional treating physicians’ opinions, with which we agree.

We agree with the other circuits which have held that Part 718 regulations are applicable to claims, such as this one, filed before but adjudicated by an AU after March 31, 1980. This regulation will, therefore, be applicable on remand.

AFFIRMED in part and REMANDED for further proceedings.