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[DOWNLOAD] "Dotson v. Dotson Coal Co." by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free

Dotson v. Dotson Coal Co.

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eBook details

  • Title: Dotson v. Dotson Coal Co.
  • Author : United States Court Of Appeals For The Sixth Circuit
  • Release Date : January 23, 1990
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 53 KB

Description

Before: MERRITT, Chief Judge; KENNEDY, Circuit Judge; and R. ALLAN EDGAR, District Judge* MERRITT Chief Judge. Claimant appeals the denial of black lung benefits. Because we hold that the ALJ did not abuse his discretion in closing the record and that there is substantial evidence supporting the decision of the Board, we affirm the judgment below. The hearings and presentation of evidence before the ALJ spanned several months. Eventually, the ALJ decided on August 21, 1986, to close the records as of August 27, 1986. On August 26, 1986, counsel for the claimant mailed a rereading of certain x-ray evidence, but it did not arrive until after the closing date. He had another doctor. Dr. Joseph Stokes, mail another rereading on the same date directly to the ALJ, but it too did not arrive until after the closing date. J.A. at 49, 51. On August 28, 1986, counsel for the company wrote to the judge and formally challenged these reports as untimely because none of this x-ray evidence arrived by the date for closing of the record.


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