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WHICKER v. U.S. DEPT. OF LABOR BEN. REVIEW BD.

No. 83-1948.

733 F.2d 346 (1984)

Bobby G. WHICKER, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR BENEFITS REVIEW BOARD and Clinchfield Coal Company, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided May 3, 1984.

Rehearing Denied July 6, 1984.

Attorney(s) appearing for the Case

Charlie R. Jessee, Abingdon, N.C. (Browning, Morefield, Schelin & Arrington, P.C., Abingdon, N.C., on brief), for petitioner.

Michael F. Blair, Abingdon, N.C. (Penn, Stuart, Eskridge & Jones, Abingdon, N.C., on brief), for respondents.

Before WIDENER, SPROUSE and ERVIN, Circuit Judges.

SPROUSE, Circuit Judge:

Bobby G. Whicker (Whicker), a fifty-two-year-old coal miner, appeals from a decision of the Benefits Review Board denying his claim for black lung disability payments under the Federal Coal Mine Health and Safety Act of 1969, (Black Lung Act), as amended, 30 U.S.C. §§ 901-45. We reverse and remand for an award of benefits.

Whicker worked in underground mines owned by Clinchfield Coal Company (Clinchfield) for over twenty-five...

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