SOUTHARD v. DIR., OFFICE OF WORKERS' COMP. PROGRAMS

No. 82-3653.

732 F.2d 66 (1984)

Edwin SOUTHARD, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, et al., Respondents.

United States Court of Appeals, Sixth Circuit.

Decided April 16, 1984.


Attorney(s) appearing for the Case

Dixie R. Satterfield (argued), Safford & Satterfield, Bowling Green, Ky., for petitioner.

Denise Butler Hart (argued), J. Michael O'Neill, U.S. Dept. of Labor, Washington, D.C., for respondents.

Before JONES and KRUPANSKY, Circuit Judges, and SPIEGEL, District Judge.


SPIEGEL, District Judge.

The petitioner, Edwin Southard (Southard), seeks review of a final decision of the Benefits Review Board (Board) denying his claim for benefits. We grant the petition and remand.

Southard applied for benefits pursuant to the Black Lung Benefits Act, 30 U.S.C. §§ 901-945 (Supp. V 1981), on June 15, 1979. His claim was denied by the Office of Workers' Compensation Programs and Southard requested a hearing.

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