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DIRECTOR, OFFICE OF WORKERS' COMP. PROG. v. BIVENS

Nos. 83-3802, 84-3071.

757 F.2d 781 (1985)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. Opal BIVENS, George Hill, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided March 25, 1985.

Attorney(s) appearing for the Case

J. Michael O'Neill, Jeffrey J. Bernstein (argued), U.S. Dept. of Labor, Washington, D.C., for petitioner.

Joseph H. Kelley (argued), Leland Monhollon, P.S.C., Madisonville, Ky., Benefits Review Bd., Washington, D.C., for respondent in No. 83-3802.

Benefits Review Bd., Washington, D.C., J. Miles Gibson, Barkan & Neff, L.P.A., Sanford Meizlish (argued), Columbus, Ohio, for respondent in No. 84-3071.

Before KENNEDY, CONTIE and MILBURN, Circuit Judges.

CONTIE, Circuit Judge.

In these two consolidated cases the Director of the Office of Workers' Compensation Programs petitions for review of a decision of the Benefits Review Board. The Director argues that the Board improperly assessed attorneys' fees against the Black Lung Disability Trust Fund. We agree.

I.

In case number 84-3071 the claimant, George Hill, filed for black lung benefits on May 15, 1979. Hill retained counsel to assist in the prosecution...

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