MONTERY COAL COMPANY WAS NOTIFIED THAT EMPLOYEE HAD SUFFICIENT EVIDENCE OF PNEUMOCONIOSIS TO EXERCISE TRANSFER RIGHTS UNDER 30 CFR, PART 90. EMPLOYEE WAS OFF WORK DUE TO A NON WORK RELATED CON DITION WHEN WE WERE NOTIFIED OF THIS PART 90 EVENT. EMPLOYEE HAS NEITHER RETURNED TO WORK NOR MISSED ANY WORK AS A RESULT OF THE CONDITION BEING ADDRESSED BY THIS NOTIFICATION.