BRB No. 92-1697 BLA HUNTER MATTHEWS, JR. ) ) Claimant-Petitioner ) ) v. ) ) BLUE DIAMOND COAL COMPANY ) ) DATE ISSUED: Employer-Respondent ) ) ) DIRECTOR, OFFICE OF WORKERS' ) COMPENSATION PROGRAMS, UNITED ) STATES DEPARTMENT OF LABOR ) ) Party-In-Interest ) DECISION and ORDER Appeal of the Decision and Order of Daniel L. Stewart, Administrative Law Judge, United States Department of Labor. John C. Dixon, Barbourville, Kentucky, for claimant. Before: DOLDER, Acting Chief Administrative Appeals Judge, BROWN and McGRANERY, Administrative Appeals Judges. PER CURIAM: Claimant appeals the Decision and Order (91-BLA-0378) of Administrative Law Judge Daniel L. Stewart denying benefits on a claim filed pursuant to the provisions of Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. §901 et seq. (the Act). Based on the date of filing, March 8, 1988, the administrative law judge considered the claim pursuant to 20 C.F.R. Part 718 and credited claimant with eighteen years of coal mine employment. The administrative law judge then determined that claimant failed to establish the existence of pneumoconiosis pursuant to 20 C.F.R. §718.202(a) and total disability pursuant to 20 C.F.R. §718.204(c). Accordingly, benefits were denied. On appeal, claimant generally contends that the administrative law judge erred in weighing the evidence of record without making any specific allegations of error. The Director, Office of Workers' Compensation Programs (the Director), has chosen not to respond to this appeal. The Board's scope of review is defined by statute. The administrative law judge's findings of fact and conclusions of law must be affirmed if they are supported by substantial evidence, are rational, and are in accordance with law. 33 U.S.C. §921(b)(3), as incorporated by 30 U.S.C. §932(a); O'Keeffe v. Smith, Hinchman & Grylls Associates, Inc., 380 U.S. 359 (1965). In his brief, claimant generally contends that the administrative law judge erred in weighing the evidence of record. Claimant recites only the evidence of record which is favorable to him and makes no specific allegations of error.[1] The Board has consistently held that it will not address any issues on appeal that are inadequately briefed. Claimant must allege with specificity any error of fact or law committed by the administrative law judge. See 20 C.F.R. §802.211; Sarf v. Director, OWCP, 10 BLR 1-119 (1987); Slinker v. Peabody Coal Co., 6 BLR 1-465 (1983); Fish v. Director, OWCP, 6 BLR 1-107 (1983). As claimant's allegations are insufficient to invoke Board review, the administrative law judge's findings that claimant failed to establish the existence of pneumoconiosis and total disability are affirmed. Accordingly, the administrative law judge's Decision and Order denying benefits is affirmed. SO ORDERED. NANCY S. DOLDER, Acting Chief Administrative Appeals Judge JAMES F. BROWN Administrative Appeals Judge REGINA C. McGRANERY Administrative Appeals JudgeFootnotes.
1)Claimant mentions that the administrative law judge did not apply the true doubt rule when weighing the x-ray evidence, however, he does not support this statement with a full discussion of the x-ray evidence of record. Moreover, this argument is meritless in light of the fact that the administrative law judge did not find the x-ray evidence to be equally probative. See King v. Cannelton Industries, Inc., 8 BLR 1-146 (1985); Decision and Order at 2. Back to Text
NOTE: This is an UNPUBLISHED BLA Document.