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WILSON v. BENEFITS REVIEW BD.

No. 84-1110.

748 F.2d 198 (1984)

James K. WILSON, Petitioner, v. BENEFITS REVIEW BOARD; Director, Office of Workers' Compensation Programs, United States Department of Labor and Valley Camp Coal Company, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided November 5, 1984.

Attorney(s) appearing for the Case

H. John Taylor, Rand, W. Va., for petitioner.

Jennifer L. Sargus, Wheeling, W. Va. (Recht & Johnson, Wheeling, W. Va., on brief) and Jeffrey Bernstein, Office of the Solicitor, U.S. Dept. of Labor, Washington, D.C., for respondents.

Before WINTER, Chief Judge, SPROUSE, Circuit Judge, and BUTZNER, Senior Circuit Judge.

SPROUSE, Circuit Judge:

James K. Wilson, a coal miner, appeals from a decision of the Benefits Review Board denying his claim for black lung disability payments under 30 U.S.C. §§ 901-45 (1982) (the Black Lung Act). We reverse and direct an award of benefits.

I

The Department of Labor initially ruled on August 1, 1979, finding that Wilson was eligible for benefits and that Valley Camp Coal Company was the responsible employer. At Valley...

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