17 F. 3d 1434 - Perkins v. Island Creek Coal Company

Aubrey Perkins petitions for review of the Benefits Review Board's decision and order affirming the administrative law judge's denial of his request for modification of the denial of his claim for black lung benefits pursuant to 30 U.S.C.A. # 8E8E # 901-945 (West 1986 & Supp.1993). Our review of the record discloses that the administrative law judge erroneously limited his consideration to the new evidence presented by Perkins with his request for modification. Under the liberal modification procedure, an ALJ has full authority to review all of the evidence and even to overturn the findings of a previous ALJ if he determines that those findings contain a"mistake of fact." Jessee v. Director, OWCP, 5 F.3d 723 (4th Cir.1993). Consequently, we remand for reconsideration on the full evidentiary record.* 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.