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SHAMROCK COAL CO., INC. v. LEE

No. 84-3043.

751 F.2d 187 (1985)

SHAMROCK COAL COMPANY, INC., Petitioner, v. Sill LEE and the Director, Office of Workers' Compensation Programs, United States Department of Labor; and Benefits Review Board, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided January 4, 1985.

Attorney(s) appearing for the Case

Neville Smith (argued), Coal Company, Inc., Manchester, Ky., for petitioner.

Benefits Review Board, U.S. Dept. of Labor, Brian E. Peters (argued), J. Michael O'Neill, U.S. Dept. of Labor, Washington, D.C., David G. Colson, Manchester, Ky., for respondents.

Before ENGEL and KRUPANSKY, Circuit Judges, and GIBSON, Senior Circuit Judge.

ENGEL, Circuit Judge.

Shamrock Coal Company (Shamrock) petitions for review from the order of the Benefits Review Board, United States Department of Labor, (Board) granting benefits to claimant Sill Lee under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. (1982). Here Shamrock claims that the Administrative Law Judge (ALJ) applied the wrong legal standard in determining whether Sill Lee was able to do comparable and gainful work. We agree.

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