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LYKINS v. DIRECTOR, OFFICE OF WORKERS' COMP.

No. 86-3127.

819 F.2d 146 (1987)

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

United States Court of Appeals, Sixth Circuit.

Decided May 20, 1987.

Attorney(s) appearing for the Case

Lewis Seiler, Cincinnati, Ohio, for petitioner.

Benefits Review Bd., U.S. Dept. of Labor, J. Michael O'Neill, Office of the Solicitor, U.S. Dept. of Labor, Brian E. Peters, Washington, D.C., for respondent.

Before LIVELY, Chief Judge, and ENGEL and BOGGS, Circuit Judges.

PER CURIAM.

Carl Lykins, a former coal miner petitions for review of a decision of the Benefits Review Board denying his claim for "black lung" benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901, et seq. Lykins contends that he was denied the benefit of a presumption of total disability due to pneumoconiosis to which he was entitled.

I.

The administrative law judge (ALJ) who conducted a hearing on...

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