He attended the University of British Columbia and continued his acting studies in Seattle, Washington. Accord Consolidation Coal Co., 27 F.3d at 231;  Rowe, 710 F.2d at 254-55. Consequently, we conclude that the ALJ's findings that Hill demonstrated he was totally disabled and that Hill was entitled to benefits were supported by substantial evidence, and that the ALJ did not violate the dictates of the Administrative Procedures Act. § 725.477(b). § 901 et seq. 9 Movies and Shows Like To All the Boys: Always and Forever What little is known of Garrow's private life is extraordinary. Having a seventh-grade education and no vocational training, Hill was employed from 1975 to 1983 by Peabody Coal Co. (citing Bethlehem Mines Corp. v. Massey, 736 F.2d 120, 123 (4th Cir.1984)). Peabody argues that the administrative law judge (ALJ) failed to explain adequately his reasons for favoring the medical testimony of some physicians over that of others. The last coal mine assignment Hill performed for a substantial period of time was that of an underground shuttle car driver. 1973 Press Photo Arthur Hill, lead actor of "Owen Marshall: Counselor at Law" This is an original press photo. Since the ALJ appears to have met his duty of explanation, we find that this part of the ALJ's decision was supported by substantial evidence. In May and June 1983, two physicians examined Hill on behalf of Peabody. Dr. W.H. Director, OWCP v. Congleton, 743 F.2d 428, 430 (6th Cir.1984). It was judicially determined in the court below that the evidence offered is not such as would require the submission of any issue of negligence as against Arthur Hill, and we affirm. We recommend using The Best Movies and TV Shows on Netflix in February, The Best Movies and TV Shows on Amazon Prime in February, The Best Movies and TV Shows on Hulu in February, Best Shows & Movies on Netflix, Hulu, Amazon, and HBO This Month, Perry Mason: The Case of the Notorious Nun, Westinghouse Presents: Come Again to Carthage, Missione in oriente - Il brutto americano. For a miner to sustain a claim, he must first establish the existence of pneumoconiosis. On October 5, 1987, the ALJ issued a decision awarding Hill benefits. is a privately held real estate firm that engages in private equity investments. “Absent an error of law, findings of fact and conclusions flowing therefrom must be affirmed if supported by substantial evidence.”   Consolidation Coal Co. v. Worrell, 27 F.3d 227, 230-31 (6th Cir.1994) (per curiam). To me it lies in that principle: law and order." Judge Arthur Hill sentenced Kahn to two years’ probation and issued a law enforcement de-certification order, meaning he can no longer work as a police officer in the state, a spokeswoman for the state’s attorney’s office said. The ALJ properly concluded that Hill demonstrated total disability. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. He was married to Ellen M. Bartig. Stay up-to-date with FindLaw's newsletter for legal professionals. Arthur Hill stars as "Owen Marshall, Counselor At Law," a brilliant trial attorney in the ABC (American Broadcasting Company) Television Network's dramatic series beginning its second season, Thursday, Sept. 14 (10:00-11:00 p.m., EDT). Among the tests performed were x-rays, the radiographic interpretations of which were in conflict, and multiple ventilatory and blood gas studies, which, while demonstrating some evidence of pulmonary impairment, were not sufficient to establish total disability. The Code of Federal Regulations defines “totally disabled” as pneumoconiosis which “prevents the miner”:(1) From performing his or her usual coal mine work;  and(2) From engaging in gainful employment in the immediate area of his or her residence requiring the skills or abilities comparable to those of any employment in a mine or mines in which he or she previously engaged with some regularity over a substantial period of time.20 C.F.R. "So, I improvised dialog and it went in the show. The scope of our review of decisions of the Board is limited. Season Premiere. The award of Hill was nominated for a 1997 Primetime Emmy Award for Best Supporting Actor In a Dramatic Series during his tenure on the series. Peabody denied liability, contending that Hill was not totally disabled as a result of an occupationally related lung disease. In deciding whether the substantial evidence requirement is satisfied, we consider whether the administrative law judge adequately explained the reasons for crediting certain testimony and evidence over other evidence in the record in deciding either to award or deny benefits. 2251, 129 L.Ed.2d 221 (1994), a case which held that the “true doubt rule” applied by DOL administrative law judges, under which the burden of persuasion is shifted to the party opposing the benefits claim in cases where the ALJ expresses doubt about which testimony to credit, is invalid, as it conflicts with § 7(c) of the Administrative Procedures Act, 5 U.S.C. Specifically, a claimant may demonstrate he suffers from a coal dust disease by a chest x-ray, a biopsy or autopsy, the presumptions described in §§ 718.304-.306, or by the finding of a physician exercising sound medical judgment. West, Simpao, and Traughber were based on many factors that included and extended beyond the x-ray reports. Section 7(c) places the burden of persuasion on the claimant. Accord Rowe, at 251. On October 5, 1987, Administrative Law Judge Frederick D. Neusner awarded benefits. In support of its position, Peabody directs our attention to Barren Creek Coal Co. v. Witmer, 111 F.3d 352 (3d Cir.1997), in which our colleagues in the Third Circuit found that on the facts before them, “the absence of explanation in certain portions of the [administrative law judge]'s Decision and Order render[ed] meaningful review impossible by this court, as we are unable to determine the analytic process behind the result.”  Id. He attributed this condition solely to Hill's cigarette smoking history. For the reasons stated below, we AFFIRM the judgment of the Board. Whether inspecting brands, deterring smugglers of everything from cattle to candelilla wax, or giving chase on horseback across merciless terrain―often into Mexico―Hill found himself immersed in a world that straddled centuries as well as cultures. ‘Pneumoconiosis' means a chronic dust disease of the lung and its sequelae, including respiratory and pulmonary impairments, arising out of coal mine employment․  For purposes of this definition, a disease “arising out of coal mine employment” includes any chronic pulmonary disease resulting in respiratory or pulmonary impairment significantly related to, or substantially aggravated by, dust exposure in coal mine employment. This job involved sustained, heavy, manual labor, including the loading, unloading, and manhandling of timbers which Hill transported deep underground into low and narrow passages for use by coal extraction crews. Hill underwent a series of medical tests and examinations in 1983 to determine whether he had occupational pneumoconiosis. Moreover, he found that while the opinions of Drs. The final burden a claimant bears is that of establishing that he is totally disabled due to pneumoconiosis. Microsoft Edge. § 718.204(b). It gave me tremendous encouragement to stay in the business." This court must affirm the Board's decision if the Board has not committed any legal error or exceeded its statutory scope of review of the ALJ's factual determinations. Perry v. Director, OWCP, 9 BLR 1-1 (1986). In vacating the ALJ's original decision, the Board directed the ALJ to reconsider all appropriate evidence and to base the decision on the criteria established in 20 C.F.R. 1420, 1427, 28 L.Ed.2d 842 (1971)). Since this appeal arises from a collateral order in a murder case, this Court has jurisdiction to decide the issue. Hill not only resented Garrow as an upstart who was too big for his boots, but wanted revenge for being made a cuckold. ALL RIGHTS RESERVED. He also appeared in the episode "In the Wee Small Hours (2)" from Law & Order: Criminal Intent. Internet Explorer 11 is no longer supported. He also found, however, that Hill did establish the existence of pneumoconiosis by three physicians' findings. On May 18, 1995, the Board issued a decision and order affirming the award of benefits. Chapters discuss their role in the oil fields, in riots, and in capturing outlaws. He was also required to load and unload other items he transported as part of his job. See Fields v. Island Creek Coal Co., 10 BLR 1-19 (1987);  Shedlock v. Bethlehem Mines Corp., 9 BLR 1-195 (1986). He In a career forged in the saddle on scout duty along the Rio Grande, Arthur Hill witnessed dramatic changes from 1947 to 1974. at 354. In the present matter, Peabody contends that the ALJ failed to explain properly his decision. However, the ALJ found that Hill's thirty-seven years underground entitled him to the presumption available in the regulations. § 718.202(a)(1)-(4). The ALJ also weighed the opinions of the doctors against 20 C.F.R. Id. The ALJ thus concluded that Hill established the existence of pneumoconiosis. Tracking the Texas Rangers covers leaders such as Captains Bill McDonald, “Lone Wolf” Gonzaullas, and Barry Caver, accomplished Rangers like Joaquin Jackson and Arthur Hill, and the use of Rangers in the Mexican Revolution. pt. Peabody contends that “not a single one of the ALJ's findings” satisfied his duty of explanation. Still another physician, Dr. Sam Traughber, whose credentials are unclear from the record, conducted an equally comprehensive examination on March 18, 1983 and found that Hill's pulmonary complaints were due, in part, to coal mine dust exposure and to a lengthy cigarette smoking history. On February 28, 1989, the Board issued a decision vacating the ALJ's award of benefits because of an application of the wrong regulations and remanded the case for subsequent adjudication. 1. § 718.202. He was 94. © 2021 TV GUIDE, A RED VENTURES COMPANY. The Lumberjacks were not about to waste any more time, scoring 30 points in the first quarter on its way to a 74-43 Saginaw Valley League boys basketball win Saturday. Firefox, or § 717.403;  Director, OWCP v. Mangifest, 826 F.2d 1318, 1320 (3d Cir.1987);  see also 20 C.F.R.
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