Court of Appeals for the Fourth Circuit March 11, 2003, 02-1258 (Colley & Colley Coal Co. v. Breeding)

HAMILTON, Senior Circuit Judge,

concurring in part and dissenting in part.

I agree with the holding in the majority opinion that the Board did not err in affirming the ALJ’s finding that Clyde Breeding had worked at least fifteen years in coal mine employment, thus entitling him to a rebuttable presumption of total disability due to pneumoconiosis under 20 C.F.R. § 718.305.