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

No. 83-2056.

751 F.2d 1398 (1985)

Gorman CARTER, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 11, 1985.

Attorney(s) appearing for the Case

Kevin B. Byrd, Washington, D.C., with whom Mark L. Schaffer, Washington, D.C., was on the brief, for petitioner.

Steven J. Mandel, Atty. Dept. of Labor, Washington, D.C., with whom Karen I. Ward, Associate Sol. and Mary-Helen Mautner, Counsel, Dept. of Justice, Washington, D.C., were on the brief, for respondent.

Before BORK, SCALIA and STARR, Circuit Judges.

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

This is a petition for review under 33 U.S.C. § 921(c) (1982) of a decision of the Benefits Review Board affirming a decision of the Office of Workers' Compensation Programs denying reinstatement of suspended benefits for a work-related injury that increased a preexisting permanent partial disability to a permanent total disability. The issue is whether the Special Fund established...

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