MITCHELL v. DIRECTOR, O.W.C.P.

No. 87-2078.

855 F.2d 485 (1988)

Rita J. MITCHELL, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, and Old Ben Coal Company, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided August 25, 1988.


Attorney(s) appearing for the Case

Glenn B. Manishin, Jenner & Block, Washington, D.C., for petitioner.

Bronius K. Taoras, Old Ben Coal Co., Law Dept., Cleveland, Ohio, for respondents.

Before CUDAHY, RIPPLE and MANION, Circuit Judges.


RIPPLE, Circuit Judge.

Charles Mitchell, the late husband of the petitioner Rita Mitchell, filed a claim for black lung benefits in June 1980. After Mr. Mitchell's death in August 1980, Mrs. Mitchell filed a timely claim for survivor's benefits. An administrative law judge (ALJ) rejected these claims in December 1984. The Benefits Review Board (the Board) affirmed this decision in April 1987. We reverse the decision of the Board and remand Mrs. Mitchell's claims to...

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