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ECHO v. DIRECTOR, OFFICE OF WORKERS' COMP. P.

No. 84-3019.

744 F.2d 327 (1984)

Joseph F. ECHO, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor and Benefits Review Board, U.S. Department of Labor, Respondent.

United States Court of Appeals, Third Circuit.

Decided September 14, 1984.

Attorney(s) appearing for the Case

Frank L. Tamulonis, Jr. (Argued), Zimmerman, Lieberman & Derenzo, Pottsville, Pa., for petitioner.

Francis X. Lilly, Sol. of Labor, Donald S. Shire, Associate Sol., J. Michael O'Neill, Counsel for Appellate Litigation, Michael J. Ward, Jr. (Argued), U.S. Dept. of Labor, Washington, D.C., for respondent.

Before ADAMS and BECKER, Circuit Judges and O'NEILL, District Judge.

OPINION OF THE COURT

ADAMS, Circuit Judge.

Petitioner, Joseph F. Echo, was a coal miner in eastern Pennsylvania for twelve-and-one-half years, leaving the mines permanently in 1954. On October 17, 1973, Echo applied the Department of Labor for black lung disability benefits under the Black Lung Benefits Act (Act), 30 U.S.C. § 901 et seq. (1982). His claim was denied at every administrative level. Following the final decision of the Benefits Review...

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