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WISOR v. DIRECTOR OFFICE OF WORKER'S COMP. PROGRAMS

No. 84-3130.

748 F.2d 176 (1984)

Lucy C. WISOR, Widow of Edward L. Wisor, Petitioner, v. DIRECTOR OFFICE OF WORKER'S COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Third Circuit.

Decided November 21, 1984.

Attorney(s) appearing for the Case

Mark P. Widoff, Widoff, Reager, Selkowitz & Alder, P.C., Harrisburg, Pa., for petitioner.

Francis X. Lilly, Sol. of Labor, Donald S. Shire, Asst. Sol., J. Michael O'Neill, Counsel for Appellate Litigation, Rita Roppolo, U.S. Dept. of Labor, Washington, D.C., for respondent.

Before ALDISERT, Chief Judge, and HUNTER and WEIS, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) October 3, 1984.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal we determine that a miner employed in a clay mine is not covered by the Black Lung Act even though his work entails some exposure to coal dust. Accordingly, we will affirm the denial of benefits by the Benefits Review Board.

Petitioner sought Black Lung benefits for the death of her husband. After a hearing, an ALJ denied her...

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