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BANKES v. DIRECTOR, O. OF WORKERS' COMP. PR.

No. 84-3484.

765 F.2d 81 (1985)

Orville BANKES, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSTATION PROGRAMS; Benefits Review Board, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided June 19, 1985.

Attorney(s) appearing for the Case

Frank J. Neff, Columbus, Ohio, for petitioner.

Benefits Review Bd., Washington, D.C., Office of the Sol., U.S. Dept. of Labor, J. Michael O'Neill, Rita Roppolo (lead), Washington, D.C., for respondent.

Before MARTIN and KRUPANSKY, Circuit Judges, and WEICK, Senior Circuit Judge.

KRUPANSKY, Circuit Judge.

Plaintiff-appellant's counsel filed an untimely application for attorney fees for legal services rendered in connection with plaintiff-appellant's claim for black lung benefits. The Deputy Commissioner of the Office of Workers' Compensation refused to consider the untimely attorney fee application and the Benefits Review Board affirmed that decision. Plaintiff-appellant now appeals.

On August 16, 1971, Orville Bankes, a coal miner...

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