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(Download) "Hix v. Director" by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free

Hix v. Director

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eBook details

  • Title: Hix v. Director
  • Author : United States Court Of Appeals For The Sixth Circuit
  • Release Date : January 30, 1987
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 48 KB

Description

WELLFORD, Circuit Judge. Appellant Elmer Hix, a former coal miner, applied in 1975 for benefits under the Black Lung Benefits Act. The claim was initially denied, but was later reviewed under the liberalized standards of the Black Lung Benefits Reform Act of 1977. The Administrative Law Judge (ALJ) found that Hix had established nine years of coal mine employment, rather than the fifteen years claimed. The ALJ, nevertheless, applied the regulations under 20 C.F.R. § 727, "the most liberal standards under the Act." The ALJ found that Hix was entitled to a presumption of total disability due to pneumoconiosis under 20 C.F.R. § 727.203(a)(2), but that evidence rebutted this presumption according to 20 C.F.R. § 727.203(b)(3) and (4). Because of the rebuttal finding, the ALJ denied benefits.


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