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EVOSEVICH v. CONSOLIDATION COAL CO.

No. 85-3451.

789 F.2d 1021 (1986)

Michael EVOSEVICH, Petitioner, v. CONSOLIDATION COAL COMPANY and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Third Circuit.

Decided May 5, 1986.

Rehearing and Rehearing Denied June 9, 1986.

Attorney(s) appearing for the Case

Lawrence R. Chaban, Yablonski, Costello & Leckie, Washington, Pa., for petitioner.

Douglas A. Smoot, Jackson, Kelly, Holt & O'Farrell, Charleston, W.Va., for Consolidation Coal Co.

Brian E. Peters, Office of the Solicitor, U.S. Dept. of Labor, Washington, D.C., for Director, Office of Workers' Compensation.

Before GIBBONS, BECKER, and ROSENN, Circuit Judges.

Submitted Under Rule 12(6) March 7, 1986.

Rehearing and Rehearing En Banc Denied June 9, 1986.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This petition for review of a decision denying black lung benefits1 presents two questions, the first of which is whether the report of a non-examining physician based solely on a review of medical records is admissible over a hearsay objection in an administrative hearing...

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