Falcon Coal Co. v. Clemons

WELLFORD, Circuit Judge. This black lung case involves the interesting question of whether a night watchman at a strip mine is a "miner" as defined in the Black Lung Benefits Act. Three cases examining this issue have held that watchmen are not miners under the circumstances demonstrated. The panel believes that the regulations support this conclusion. We therefore reverse the Benefits Review Board, which decided this claim to the contrary, and remand for further proceedings consistent with this opinion. Disposition of other issues is settled by the resolution of this question.