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DIRECTOR, OFF. OF WKRS.' COMP. PROGRAMS v. SIMMONS

No. 82-1233.

706 F.2d 481 (1983)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. Lennis SIMMONS, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided May 4, 1983.

Rehearing Denied June 30, 1983.

Attorney(s) appearing for the Case

David V. Bernal, Washington, D.C. (T. Timothy Ryan, Jr., Sol. of Labor, Donald S. Shire, Associate Sol., J. Michael O'Neill, Asst. Counsel for Black Lung Benefits, Washington, D.C., William M. Heffernan, U.S. Dept. of Labor, Office of the Solicitor, Washington, D.C., on brief), for petitioner.

Sanford A. Meizlish, Columbus, Ohio (Barkan & Neff Co., L.P.A., Columbus, Ohio, on brief), for respondent.

Before WIDENER and SPROUSE, Circuit Judges, and GORDON, District Judge.

SPROUSE, Circuit Judge:

The Director of the Office of Workers' Compensation Programs, United States Department of Labor (the Director), appeals from the decision of the Benefits Review Board holding the Black Lung Disability Trust Fund1 (Trust Fund) liable for the attorney fees incurred by black lung claimant Lennis Simmons. The Benefits Review Board held that the Trust Fund was liable for the attorney fees under 30 U.S.C. § 932(a...

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