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DIRECTOR, OFFICE OF WORKERS' COMP. v. POYNER

No. 85-3794.

810 F.2d 99 (1987)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR, Petitioner, v. Mason POYNER, Claimant-Respondent.

United States Court of Appeals, Sixth Circuit.

Decided January 22, 1987.

Attorney(s) appearing for the Case

Marta Kusic, U.S. Dept. of Labor, Washington, D.C., Jeffrey J. Bernstein (argued), for petitioner.

Ronald K. Bruce (argued), Monhollon, Bruce, & Kelley, Madisonville, Ky., for claimant-respondent.

Before ENGEL, JONES and NELSON, Circuit Judges.

DAVID A. NELSON, Circuit Judge.

The Benefits Review Board of the United States Department of Labor assessed attorney fees of $975.00 against the Black Lung Disability Trust Fund in connection with a retired coal miner's claim for black lung benefits. The claim, initially filed in 1970, had been denied by the Department of Health, Education and Welfare both before and after enactment of the Black Lung Benefits Reform Act of 1977, but HEW ultimately referred the claim...

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