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WARE v. DIRECTOR, OFF. OF WORKERS' COMP. PROGRAMS

No. 86-2035.

814 F.2d 514 (1987)

Robert WARE, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, as Designee of William E. Brock, III, Secretary of Labor, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided March 18, 1987.

Attorney(s) appearing for the Case

I. John Rossi, Des Moines, Iowa, for petitioner.

Marta Kusic, Washington, D.C., for respondent.

Before LAY, Chief Judge, HEANEY, Circuit Judge, and CAHILL, District Judge.

HEANEY, Circuit Judge.

Robert Ware appeals an administrative denial of benefits under the Black Lung Benefits Act. 30 U.S.C. §§ 901-41 (1982 & Supp. III 1985) (BLBA). Ware contends he has a totally disabling pulmonary or respiratory impairment entitling him to recovery of benefits under the BLBA. We agree.

Ware is fifty-nine years old. He has a seventh grade education. He was last employed in approximately 1971 and was last employed in a coal...

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