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

No. 84-3434.

769 F.2d 165 (1985)

Bernard KIDDA (Son of Andrew Kidda), Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, Respondent.

United States Court of Appeals, Third Circuit.

Decided August 6, 1985.

As Amended August 21, 1985.


Attorney(s) appearing for the Case

James D. Watt, Jr. (argued), Pottsville, Pa., for petitioner.

Francis X. Lilly, Sol. of Labor, Donald S. Shire, Associate Sol., J. Michael O'Neill, Counsel for Appellate Litigation, Michael J. Denney (argued), Michael J. Ward, Jr., U.S. Dept. of Labor, Washington, D.C., for respondent.

Before WEIS, GARTH, and STAPLETON, Circuit Judges.


OPINION OF THE COURT

GARTH, Circuit Judge:

Bernard Kidda was denied Black Lung Survivors Benefits because he was found not to have been continually disabled from the age of minority. Specifically, Kidda completed college and was employed for fifteen years before he became unemployed and, due to a current disability, unemployable. Kidda was initially granted benefits by the Administrative Law Judge (ALJ), but this determination was reversed by the Benefits...

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