Once the district director has performed this duty, it is reasonable to assume that all relevant facts have been examined and employer must present clear evidence to the contrary in order to overcome a finding that the claim does not transfer. The Board found that even if claimant had made a valid election for Section 435 review of his denied Part B claim, the operation of Department of Labor's regulations pertaining to the payment of duplicate claims would preclude transfer because the Part B claim, following election of Section 435 review, would merge into a pre-Reform Act Part C claim which claimant had filed.
Board vacates administrative law judge's finding of an election by claimant.
Although no letter denying the miner's claim was in the record, a computer printout from the Black Lung Information System indicated that a denial letter has been issued. Since this information was in the Director's control, the Board held that the Director had the burden to disprove the existence of the denial or to show that the computer printout was inaccurate. As the Director presented no evidence to meet his burden, the Board affirmed the administrative law judge's findings that a denial existed and that it supported transfer of liability to the Trust Fund pursuant to the 1981 Amendments. The Sixth Circuit dismissed the case for lack of jurisdiction and held that the Board's order which decided the transfer issue only, and left the question of entitlement on the merits as an unresolved issue, was not a final appealable order. Claimant's vague statements regarding his mailing of the election card and the dates of the mailing are insufficient evidence to establish that claimant did in fact return the election card by mail within the prescribed time period as required for transfer of liability to the Trust Fund.