# John A. Soubik, of the Estate of Cecilia Soubik v. Director, Office of Workers' Compensation Programs, United States Department of Labor

> Court of Appeals for the Third Circuit · April 30, 2004 · 366 F.3d 226

URL: https://www.frixlaw.com/law-library/cases/9496931

## Case

- **Full name:** John A. SOUBIK, Executor of the Estate of Cecilia Soubik, Petitioner v. DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, United States Department of Labor
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** April 30, 2004
- **Citations:** 366 F.3d 226; 2004 U.S. App. LEXIS 8536; 2004 WL 912807
- **Precedential status:** Published
- **Opinion:** Dissent by Roth
- **Judges:** Roth, McKee, Cudahy
- **Cited by:** 30 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9496931

## Opinion text

ROTH, Circuit Judge,
dissenting.
My reading of the record in this appeal does not persuade me that it supports only one result — as is concluded by the Majority. Nor do I believe, pursuant to our standard of review — are the ALJ’s factual findings rational, consistent with applicable law, and supported by substantial evidence on the record considered as a whole — that the Court is justified in reversing the judgment of the Benefits Review Board — however much I may feel personal sympathy for Mrs. Soubik.
I do, however, agree with the majority that the protracted delay in resolving federal black lung benefits cases is regrettable.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9496931. Public record. Not legal advice.