294
Souter, J., dissenting
Workers' Compensation Programs, Dept. of Labor, 958 F. 2d 49, 52, n. 4 (CA4 1992) ("Equally probative evidence creates a 'true doubt,' which must be resolved in favor of the miner"); Greer v. Director, Office of Workers' Compensation Programs, Dept. of Labor, 940 F. 2d 88, 91 (CA4 1991) ("We have a true doubt. We give [claimant] the benefit of that doubt"); Army & Air Force Exchange Serv. v. Greenwood, 585 F. 2d 791, 794 (CA5 1978) ("[T]he judicial policy has long been to resolve all doubts in favor of the employee and his family"); Skukan v. Consolidation Coal Co., 993 F. 2d, at 1239 ("true doubt rule is utilized to have equally probative but conflicting evidence weighed in favor of the claimant"); Freeman United Coal Mining Co. v. Office of Workers' Compensation Programs, 988 F. 2d, at 711 (applying true doubt rule as "judicial assignment of the burden of persuasion to the employer"); Jones v. Director, Office of Workers' Compensation Programs, Dept. of Labor, 977 F. 2d 1106, 1109 (CA7 1992) (true doubt rule places "burden of possible error on those best able to bear it," i. e., employers); Ware v. Director, Office of Workers' Compensation Programs, Dept. of Labor, 814 F. 2d 514, 517 (CA8 1987) ("[A]ny doubts should be resolved in favor of the disabled miner"); Parsons Corp. of Cal. v. Director, Office of Workers' Compensation Programs, Dept. of Labor, 619 F. 2d 38, 41 (CA9 1980) ("statutory policy that all doubtful questions of fact be resolved in favor of the injured employee"); Hansen v. Director, Office of Workers' Compensation Programs, Dept. of Labor, 984 F. 2d 364, 369 (CA10 1993) (" 'true doubt' rule applies where equally probative but contradictory medical documentation exists"); Bosco v. Twin Pines Coal Co., 892 F. 2d 1473, 1476 (CA10 1989) ("[D]oubts should be resolved in favor of the disabled miner"); Stomps v. Director, Office of Workers' Compensation Programs, Dept. of Labor, 816 F. 2d 1533, 1534 (CA11 1987) (same); for a sampling of the pre-APA cases, see, e. g., F. H. McGraw & Co. v. Lowe, 145 F. 2d 886, 887, n. 2, 888 (CA2 1944) (upholding agency policy that "doubtful questions
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