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SULYMA v. DIRECTOR, OFFICE OF WKRS' COMP. PROGRAMS

No. 87-3024.

827 F.2d 922 (1987)

Onfrey SULYMA, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, as Designee for Secretary of Labor, Respondent.

United States Court of Appeals, Third Circuit.

Decided September 1, 1987.

Attorney(s) appearing for the Case

Maureen Hogan Krueger, Meadowbrook, Pa., for petitioner.

George R. Salem, Sol. of Labor, Donald S. Shire, Associate Sol., J. Michael O'Neill, Counsel for Appellate Litigation, Thomas L. Holzman, Asst. Counsel for Appellate Litigation, Karen Lynne Baker (argued), Atty., Office of the Sol., U.S. Dept. of Labor, Washington, D.C., for respondent.

Before SEITZ, MANSMANN and GREENBERG, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

Onfrey Sulyma petitions this court for review of a decision of the Benefits Review Board (BRB) dated November 14, 1986 denying him benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. (Hereinafter, the "Act"). We have jurisdiction under 30 U.S.C. § 932(a) and 33 U.S.C. § 921(c).

The parties by narrowing their differences on this appeal have left the very limited question...

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