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BACK v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS

No. 85-3466.

796 F.2d 169 (1986)

Glen BACK, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided July 15, 1986.

Attorney(s) appearing for the Case

J. Logan Griffith, Stevens, Griffith & Hunt, Prestonsburg, Ky., for petitioner.

J. Michael O'Neill, Bruce A. McDonald, Washington, D.C., for respondent.

Before LIVELY, Chief Judge, MERRITT and JONES, Circuit Judges.

LIVELY, Chief Judge.

In 1978 Congress added a provision to the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq., requiring review of all black lung claims pending on March 1, 1978, and all such claims denied before that date, upon request of the claimant. 30 U.S.C. § 945 (1982). The review was to be made under liberalized standards adopted in the Black Lung Benefits Reform Act of 1977. The claimant was given the choice of requesting review by either...

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