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GIBAS v. SAGINAW MIN. CO.

No. 83-3408.

748 F.2d 1112 (1984)

Lewis GIBAS, Petitioner, v. SAGINAW MINING COMPANY; Director, Office of Workers' Compensation Programs; and Benefits Review Board, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided November 26, 1984.

Attorney(s) appearing for the Case

Daniel L. Manring (argued), Barkan & Neff Co., L.P.A., Columbus, Ohio, for petitioner.

Gerald P. Duff (argued), Kinder, Kinder & Hanlon, St. Clairsville, Ohio, Roscoe C. Bryant (LC), J. Michael O'Neill, Mary-Helen Mautner (argued), U.S. Dept. of Labor, Washington, D.C., for respondents.

Before MARTIN and KRUPANSKY, Circuit Judges, and McRAE, Chief Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

The question presented is whether the Benefits Review Board, an administrative tribunal within the Department of Labor, is vested with the adjudicatory authority to declare invalid a regulation of the Secretary of Labor. Additionally, we are asked to determine whether, if the Board has such power, that power was properly exercised in this case.

Lewis Gibas, a fifty-nine-year-old...

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