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KERTESZ v. CRESCENT HILLS COAL CO.

No. 85-3421.

788 F.2d 158 (1986)

In the Matter of Frank KERTESZ, Petitioner, v. CRESCENT HILLS COAL CO., and Old Republic Companies, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Third Circuit.

Decided April 14, 1986.

As Amended June 5, 1986.

Attorney(s) appearing for the Case

Ada Guyton, U.M.W.A. Dist. 5, Belle Vernon, Pa., for petitioner.

John Eric Jones, Jr., George H. Thompson, Christopher L. Wildfire, Tillman and Thompson, Pittsburgh, Pa., for Crescent Hills Coal Co. and Old Republic Companies.

J. Michael O'Neill, 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 4, 1986.

OPINION OF THE COURT

ROSENN, Circuit Judge.

Frank Kertesz petitions for review of a Benefits Review Board (BRB) decision denying him benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-960 (1982) (the Act).1 The BRB reversed an Administrative Law Judge (ALJ) order granting benefits, holding that the ALJ erred in discrediting a doctor's uncontradicted expert...

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