BERNARDO v. DIRECTOR, OFFICE OF WORKERS' COMP.

No. 85-3613.

790 F.2d 351 (1986)

Ralph W. BERNARDO, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, Respondent.

United States Court of Appeals, Third Circuit.

Decided May 12, 1986.


Attorney(s) appearing for the Case

Stephen W. Webster, O'Leno & Webster, San Marcos, Cal., for petitioner.

Francis X. Lilly, Sol. of Labor, Donald S. Shire, Associate Sol., J. Michael O'Neill, Counsel for Appellate Litigation, Roscoe C. Bryant, III, U.S. Dept. of Labor, Washington, D.C., for respondent.

Before SLOVITER and STAPLETON, Circuit Judges, and MENCER, District Judge.


Submitted Under Third Circuit Rule 12(6) May 1, 1986.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Petitioner Ralph W. Bernardo filed a Petition for Review from the decision of the Benefits Review Board affirming the denial of benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. The petition, originally filed by Bernardo in the United States Court of Appeals...

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