GREENE v. DIRECTOR, OWCP, U.S. DEPT. OF LABOR

No. 88-2815.

889 F.2d 794 (1989)

Alice GREENE, Widow of John Pierschbacher, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided November 21, 1989.

Order Amending Judgment January 24, 1990.


Attorney(s) appearing for the Case

John A. Jarvis, Chariton, Iowa, for petitioner.

Ronald G. Ray, Washington, D.C., for respondent.

Before LAY, Chief Judge, SNEED, Senior Circuit Judge, and McMILLIAN, Circuit Judge.


LAY, Chief Judge.

Alice Greene appeals the Benefits Review Board's decision overturning the Administrative Law Judge's determination that she was entitled to survivor's benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq. (1982 & Supp. V 1987) (the Act). The primary issue is whether Greene, a miner's widow, presented sufficient evidence to benefit from a presumption under the Act that her husband died of a respiratory disease related...

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