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DIRECTOR, OFFICE OF WORKERS' COMP. v. CONGLETON

No. 83-3410.

743 F.2d 428 (1984)

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

United States Court of Appeals, Sixth Circuit.

Decided September 13, 1984.

Rehearing Denied November 19, 1984.

Attorney(s) appearing for the Case

J. Michael O'Neill, Jeffrey J. Bernstein (argued), U.S. Dept. of Labor, Washington, D.C., for petitioner.

Neville Smith, Manchester, Ky., Benefits Review Board, Washington, D.C., Bonnie Hoskins (argued), Hyden, Ky., for respondent.

Before KRUPANSKY and WELLFORD, Circuit Judges; and WEICK, Senior Circuit Judge.

KRUPANSKY, Circuit Judge.

The Director of the Office of Workers' Compensation, United States Department of Labor (Director), appealed from an award of black lung benefits to Georgia Congleton (respondent), a miner's widow. The award was made initially by an administrative law judge (a.l.j.) and subsequently affirmed by the Benefits Review Board (Board).

Thomas Congleton married the respondent in 1927. He died in January, 1967, at the age of 67. On October...

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