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KOPPENHAVER v. DIRECTOR, OWCP, U.S. DEPT. OF LABOR

No. 88-3252.

864 F.2d 287 (1988)

Thelma KOPPENHAVER, Widow of Ivan Koppenhaver, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Third Circuit.

Decided December 27, 1988.

As Amended January 19, 1989.

Attorney(s) appearing for the Case

David H. Rattigan, Williamson, Friedberg & Jones, Pottsville, Pa., for petitioner.

Rodger Pitcairn, Barbara Johnson, U.S. Dept. of Labor, Washington, D.C., for respondent.

Before SLOVITER, MANSMANN and SCIRICA, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) September 22, 1988.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This appeal presents us with a conflict between the Director of the Office of Workers' Compensation Programs (Director) and the Benefits Review Board (Board) over the interpretation of 20 C.F.R. § 727.203(a)(5) (1988) relating to the evidence sufficient to establish a presumption of total disability...

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