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DIRECTOR, OFFICE OF WORKERS' COMP. v. GURULE

No. 80-1091.

653 F.2d 1368 (1981)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT of LABOR, Petitioner, v. Joaquin GURULE, Respondent.

United States Court of Appeals, Tenth Circuit.

Decided July 13, 1981.

Attorney(s) appearing for the Case

J. Michael O'Neill, Atty., Washington, D. C. (Carin Ann Clauss, Sol. of Labor, Laurie M. Streeter, Associate Sol., Judith E. Wolf, Co-Counsel for Black Lung Benefits, and Belva D. Newsome, U. S. Dept. of Labor, Washington, D. C., on brief), for petitioner.

Richard Rosenstock, Chama, N. M., for respondent.

Before McWILLIAMS, BARRETT and SEYMOUR, Circuit Judges.

BARRETT, Circuit Judge.

The Director, Office of Workers' Compensation Programs, United States Department of Labor (Director) petitions for review of a final order by the Benefits Review Board (Board) upholding an award of black lung benefits to Joaquin Gurule (Gurule) pursuant to Title IV of the Federal Coal Mine Health and Safety Act of 1969 (Act) as amended, 30 U.S.C.A. § 901, et seq., which changed the benefit onset date from February 1, 1975 to January...

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