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TRENT COAL, INC. v. DAY

No. 83-3461.

739 F.2d 116 (1984)

TRENT COAL, INC. and State Workmen's Insurance Fund, Petitioners, v. William F. DAY and Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Third Circuit.

Decided July 3, 1984.

As Amended August 23, 1984.

Attorney(s) appearing for the Case

John W. Jordan, IV, Edward A. McFarland, Grigsby, Gaca & Davies, P.C., Pittsburgh, Pa. for petitioners.

Francis X. Lilly, Deputy Sol. of Labor, Donald S. Shire, Associate Sol., J. Michael O'Neill, Washington, D.C., for Appellate Litigation.

Christopher J. Heffernan, J. Michael O'Neill, U.S. Dept. of Labor, Washington, D.C., for the Director, Office of Workers' Compensation Programs.

Before WEIS and BECKER, Circuit Judges, and ACKERMAN, District Judge.

Submitted Under Third Circuit Rule 12(6) June 8, 1984.

OPINION OF THE COURT

WEIS, Circuit Judge.

The Benefits Review Board rejected as untimely an employer's appeal from an ALJ's award of Black Lung benefits. Interpreting a regulation promulgated by the Secretary of Labor, the Board determined that the appeal period began to run on the day the ALJ issued his order, rather than when it was filed with the deputy commissioner. Finding the Board's construction...

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