Palmer Coking Coal Company v. Director, Office of Workers' Compensation Programs of United States Department of Labor, and George Savicke

Palmer Coking Coal Co. (Palmer) appeals from the final decision of the Benefits Review Board, United States Department of Labor (Board), affirming the award of benefits to George Savicke under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. On appeal we are asked to determine whether the record as a whole contains substantial evidence that Mr. Savicke is totally disabled by pneumoconiosis within the meaning of the statute; and whether the Board erred as a matter of law in holding that the Black Lung Benefits Act applies to a coal miner who retired before becoming totally disabled by pneumoconiosis.

FACTS

George Savicke, currently 69 years old, worked as an underground coal miner for over thirty-six years. He worked for Palmer continuously from 1950 until Palmer closed its mines in January 1976. Savicke then retired and began collecting his United Mine Workers Pension. He has not worked since. In November 1976, Savicke filed a claim for benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. At the hearing before the Administrative Law Judge (ALJ) on November 19,1980, Savicke testified that when he stopped working he felt tired all the time and short of breath,…