Eules W. Cobb v. Ranger Fuel Corp. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 83 F.3d 414 (4th Cir. 1996). · Go Syfert
Eules W. Cobb v. Ranger Fuel Corp. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 83 F.3d 414 (4th Cir. 1996). Cases Citing This Book View Copy Cite
38 citation events (9 in the last 25 years) across 7 distinct courts.
Strongest positive: Olaifa v. Mayorkas (ilnd, 2019-10-15)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
cited Cited "see" Olaifa v. Mayorkas
N.D. Ill. · 2019 · signal: see · confidence high
See [14] at 2–3 (citing El-Ali v. Carroll, 83 F.3d 414 , 1996 WL 192169 *4 (4th Cir. 1996) (unpublished decision); Dicicco v. U.S. Dept. of Justice INS, 873 F.2d 910, 915 (6th Cir. 1989)).
discussed Cited "see" In Re Premont Independent School District
Tex. App. · 2007 · signal: accord · confidence high
Accord Davidson County v. Ground Improvement Techniques, Inc., 83 F.3d 414 , 1996 WL 195512 , at *3 (4th Cir. Apr.24, 1996) (not designated for publication) (holding that because Supplementary Conditions "expressly *336 deleted” the Dispute Resolution Agreement, "the parties’ intent was clear-they expressly chose not to arbitrate”); Chianelli Constr.
discussed Cited "see" Kocan v. ABF Freight System, Inc.
W.D.N.C. · 1999 · signal: see · confidence high
See Baker v. BASF Corp., 83 F.3d 414 , No. 95-1353, 1996 WL 192076 at *2 (4th Cir. Apr.22, 1996); Denzler v. Questech, Inc., 80 F.3d 97, 101, 103 (4th Cir.1996); Goodman v. Resolution Trust Corp., 7 F.3d 1123, 1126 (4th Cir.1993).
discussed Cited "see" Fraley v. ABF Freight System, Inc.
W.D.N.C. · 1999 · signal: see · confidence high
See Baker v. BASF Corp., 83 F.3d 414 , No. 95-1353, 1996 WL 192076 at *2 (4th Cir. Apr.22, 1996); Denzler v. Questech, Inc., 80 F.3d 97, 101, 103 (4th Cir.1996); Goodman v. Resolution Trust Corp., 7 F.3d 1123, 1126 (4th Cir.1993).
discussed Cited "see, e.g." Gonzalez Morales v. USCIS
S.D. Tex. · 2020 · signal: see also · confidence low
Defendants agree that Plaintiff can satisfy the first and second requirements, and all other regulatory requirements for naturalization.50 However, they argue that Plaintiff fails to meet the 46 See Dicicco v. U.S. Dep't of Justice I.N.S., 873 F.2d 910, 914 (6th Cir. 1989) (citing Berenyi, 385 U.S. at 636-37 ); see also El-Ali v. Carroll, 83 F.3d 414 (Table), 1996 WL 192169, at *4 (4th Cir. 1996). 47 Oropeza v. Napolitano, No. CIV.A.
Retrieving the full opinion text from the archive…
Eules W. Cobb
v.
Ranger Fuel Corporation Director, Office of Workers' Compensation Programs, United States Department of Labor
95-1952.
Court of Appeals for the Fourth Circuit.
Apr 22, 1996.
83 F.3d 414
Unpublished

83 F.3d 414

NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Eules W. COBB, Petitioner,
v.
RANGER FUEL CORPORATION; Director, Office of Workers'
Compensation Programs, United States Department of
Labor, Respondents.

No. 95-1952.

United States Court of Appeals, Fourth Circuit.

Submitted Nov. 30, 1995.
Decided April 22, 1996.

S.F. Raymond Smith, RUNDLE & RUNDLE, L.C., Pineville, West Virginia, for Petitioner. Douglas A. Smoot, JACKSON & KELLY, Charleston, West Virginia, for Respondents.

Before WILKINSON, Chief Judge, and WIDENER and HAMILTON, Circuit Judges.

OPINION

PER CURIAM:

1

Eules Cobb seeks review of the Benefits Review Board's (Board) decision and order affirming the administrative law judge's (ALJ) denial of his application for black lung benefits pursuant to 30 U.S.C.A. §§ 901-45 (West 1986 & Supp.1995). The ALJ found the evidence of record sufficient to establish a totally disabling respiratory impairment, but insufficient to establish pneumoconiosis or that the miner's total disability was due to pneumoconiosis. The Board affirmed the ALJ's denial of benefits based on its agreement with the ALJ's finding of no pneumoconiosis.

2

Cobb alleges that the ALJ improperly denied benefits in this case solely on the basis of negative X-ray evidence, in violation of 20 C.F.R. § 718.202(b) (1995). He does not identify any error committed by the ALJ in weighing the X-ray evidence under 20 C.F.R. § 718.202(a)(1) (1995), but asserts that the medical reports relied on by the ALJ to find no pneumoconiosis under § 718.202(a)(4) rely on nothing more than negative X-rays to support their diagnoses. Cobb concedes that these reports discuss the data relevant to diagnosing the presence of pneumoconiosis or other respiratory diseases, such as the miner's personal and employment history, and the results of ventilatory and blood gas testing, but asserts that the physicians who prepared these reports inserted these discussions merely to "camouflage" their actual reliance on only the negative X-ray evidence in forming their conclusions. He avers that these physicians did this to justify rendering an opinion which could support the denial of a black lung claim.

3

Cobb thus effectively argues that the medical reports relied on by the ALJ are biased and not credible. These reports, however, constitute probative evidence and are not presumptively biased. See Cochran v. Consolidation Coal Co., 16 BLR 1-101 (1992) (citing Richardson v. Perales, 402 U.S. 389 (1971)). Moreover, the ALJ has sole discretion to determine the credibility of the evidence, see Grizzle v. Pickands Mather & Co., 994 F.2d 1093, 1096 (4th Cir.1993), and is in the best position to assess its weight and sufficiency. See Zbosnik v. Badger Coal Co., 759 F.2d 1187, 1189 (4th Cir.1985). Cobb essentially urges us to usurp the function of the ALJ and reweigh the evidence, which exceeds the scope of our review.

4

Accordingly, the decision of the Board is affirmed. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED