BD07-B6

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PART VII

ESTABLISHING ENTITLEMENT UNDER 20 C.F.R. PART 718

B. EXISTENCE OF PNEUMOCONIOSIS

6. SECTION 718.202(a)(4): OTHER MEDICAL EVIDENCE

DIGESTS

The administrative law judge cannot rely upon his own interpretation of the significance of CT scan evidence of bullae, speculated nodules, and nodular areas in the upper lobes of a miner’s lungs to resolve the conflict in the CT scan readings of record. In this case, the Board vacated the administrative law judge’s determination that these findings are diagnostic of pneumoconiosis. Harris v. Old Ben Coal Co., 23 BLR 1-98 (2006) (en banc) (McGranery & Hall, JJ., concurring and dissenting), aff’d on recon., BLR (2007)(en banc)(McGranery & Hall, JJ., concurring and dissenting).

10/07


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