Gillespie v. Beatrice Pocahontas Coal Co., 812 F.2d 1401 (4th Cir. 1987). · Go Syfert
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Gillespie v. Beatrice Pocahontas Coal Co., 812 F.2d 1401 (4th Cir. 1987). Cases Citing This Book View Copy Cite
58 citation events (6 in the last 25 years) across 10 distinct courts.
Strongest positive: Guynup v. Christian (wvnd, 2024-10-21)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
cited Cited "see" Guynup v. Christian
N.D.W. Va. · 2024 · signal: see · confidence high
See Johnson v. Hettleman, 812 F.2d 1401 (4th Cir. 1987) (Table) (holding Sixth Amendment “has no application” to allegations outside the context of a criminal defendant).
discussed Cited "see" Rehtorik v. Commissioner
Tax Ct. · 1996 · signal: see · confidence high
See Estate of Rosenberg v. Commissioner , 86 T.C. 980 , 984 n.1 (1986) , affd. without published opinion per curiam 812 F.2d 1401 (4th Cir. 1987) ; Markwardt v. Commissioner , 64 T.C. 989 , 997-998 ↩ (1975) . 4.
cited Cited "see" Keeler Brass Co. v. Continental Brass Co.
M.D.N.C. · 1988 · signal: see · confidence high
See Keeler Brass Co. v. Continental Brass Co., No. 86-2077, slip op. at 3 (4th Cir. Feb. 17, 1987) [ 812 F.2d 1401 (Table) ]. .
cited Cited "see" Keeler Brass Co. v. Continental Brass Co.
M.D.N.C. · 1987 · signal: see · confidence high
See Keeler Brass Co. v. Continental Brass Co., No. 86-2077, slip op. at 3 (4th Cir. Feb. 17, 1987), [ 812 F.2d 1401 (Table)].
discussed Cited "see, e.g." Chamberlain v. The Civil Service Comm'n
Ill. App. Ct. · 2014 · signal: see also · confidence low
Ct. App. 1986) (only candidate on promotion list for captain had reasonable expectation of promotion so as to invoke procedural due process protections); see also Malcan v. Hall, 812 F.2d 1401 (4th Cir. 1987) (per curiam) (plaintiff could have produced evidence of promotion and tenure entitlement that would have amounted to a property interest for due process purposes); cf. Honulik v. Town of Greenwich, 980 A.2d 880, 895 (Conn. 2009) (“In order to prevail, the plaintiff was required to establish that provisions of the town charter, pay plan, policy manual or the agreement created an entitlem…
discussed Cited "see, e.g." Chamberlain v. The Civil Service Commission of the Village of Gurnee, Illinois
Ill. App. Ct. · 2014 · signal: see also · confidence low
Ct. App. 1986) (only candidate on promotion list for captain had reasonable expectation of promotion so as to invoke procedural due process protections); see also Malcan v. Hall, 812 F.2d 1401 (4th Cir. 1987) (per curiam) (plaintiff could have produced evidence of promotion and tenure entitlement that would have amounted to a property interest for due process purposes); cf. Honulik v. Town of Greenwich, 980 A.2d 880, 895 (Conn. 2009) (“In order to prevail, the plaintiff was required to establish that provisions of the town charter, pay plan, policy manual or the agreement created an entitlem…
discussed Cited "see, e.g." Fowler v. Commissioner (2×)
Tax Ct. · 1992 · signal: see also · confidence low
See Giardino v. Commissioner, supra at 409 n.9; see also Estate of Rosenberg v. Commissioner, 86 T.C. 980, 990 (1986), affd. per curiam 812 F.2d 1401 (4th Cir. 1987).
Retrieving the full opinion text from the archive…
Joe E. Gillespie
v.
Beatrice Pocahontas Coal Company, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Party-In-Interest
85-1016.
Court of Appeals for the Fourth Circuit.
Feb 9, 1987.
812 F.2d 1401
Unpublished

812 F.2d 1401
Unpublished Disposition

NOTICE: Fourth Circuit I.O.P. 36.6 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.
Joe E. GILLESPIE, Petitioner,
v.
BEATRICE POCAHONTAS COAL COMPANY, Respondent,
and
Director, Office of Workers' Compensation Programs, United
States Department of Labor, Party-in-Interest.

No. 85-1016.

United States Court of Appeals, Fourth Circuit.

Argued Nov. 14, 1986.
Decided Feb. 9, 1987.

Before SPROUSE and WILKINSON, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

Gerald F. Sharp (Browning, Morefield & Lamie, P.C., Gregory R. Herrell, Browning, Morefield and Schelin, P.C. on brief) for petitioner.

Allen R. Prunty (Jackson, Kelly, Holt & O'Farrell on brief) for respondent.

PER CURIAM:

1

Joe E. Gillespie appeals from the decision of the Benefits Review Board, which affirmed an administrative law judge's denial of Gillespie's claim for black lung benefits. The ALJ invoked the interim presumption of total disability pursuant to 20 C.F.R. Sec. 727.203(a)(1) because Gillespie had been employed in the coal mines for more than ten years and there was positive x-ray evidence. The ALJ concluded, however, that the employer's evidence rebutted the presumption. 20 C.F.R. Sec. 727.203(b)(2). This evidence consisted of three physicians' medical reports that included analyses of nonqualifying ventilatory and arterial blood gas studies. Gillespie contends that since the medical evidence was based in part on these nonqualifying test results it does not constitute substantial evidence. There is no merit to this contention and a review of the record discloses substantial evidence to support the ALJ's finding that the interim presumption was rebutted. The decision of the Benefits Review Board is, therefore, affirmed.

2

AFFIRMED.