VELASQUEZ v. DIRECTOR, O.W.C.P.

No. 86-1120.

835 F.2d 262 (1987)

Salomon VELASQUEZ, Petitioner, v. DIRECTOR, OFFICE OF WORKER'S COMPENSATION PROGRAMS, United States Department of Labor, Respondent.

United States Court of Appeals, Tenth Circuit.

December 21, 1987.


Attorney(s) appearing for the Case

Jeffrey J. Bernstein, for U.S. Dept. of Labor, and with him on the briefs, George R. Salem, Sol. of Labor, Donald S. Shire, Associate Solicitor, J. Michael O'Neill, Counsel for Appellate Litigation, Thomas L. Holzman, Asst. Counsel for Appellate Litigation, Attorneys for Director, Office of Worker's Compensation Programs, U.S. Dept. of Labor, Washington, D.C.

Ellen Pinnes, Santa Fe, N.M., for petitioner Salomon Velasquez.

Before HOLLOWAY, Chief Judge, ANDERSON, Circuit Judge, and BROWN, Senior District Judge.


WESLEY E. BROWN, Senior District Judge.

This is an appeal from a decision of the Department of Labor Benefits Review Board. The Review Board modified an award of black lung disability benefits to Salomon Velasquez. The Board changed the entitlement date for payment of Velasquez' benefits from January 1, 1974, to March 24, 1978. Velasquez appeals the decision of the Review Board under the authority of 33 U.S.C. § 921(c), and asks this court to restore January...

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