Court of Appeals for the Sixth Circuit October 2, 2002, No. 01-3043 (Peabody Coal Co. v. Director, Office of Workers' Compensation Programs)

PER CURIAM.

Petitioners Peabody Coal Company and Old Republic Insurance Company (collectively “Peabody”) appeal from the decision of the Benefits Review Board (“the Board”) affirming the Administrative Law Judge’s (“ALJ”) award of benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945 (“the Act”), to Respondent Carol W. Dukes.

I. Introduction

Peabody raises two issues on appeal.