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MICHELI v. DIRECTOR, O.W.C.P., U.S. DEPT. OF LABOR

No. 87-1474.

846 F.2d 632 (1988)

Louie Edward MICHELI, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Tenth Circuit.

May 12, 1988.

Attorney(s) appearing for the Case

William E. Kenworthy, Denver, Colo., for petitioner.

Ronald G. Ray, Sr., Atty., U.S. Dept. of Labor, Office of the Sol. (George R. Salem, Sol. of Labor, Donald S. Shire, Associate Sol., Barbara J. Johnson, counsel for Appellate Litigation, Thomas L. Holzman, Asst. counsel for Appellate Litigation, with him, on the brief), Washington, D.C., for respondent.

Before SEYMOUR and SETH, Circuit Judges, and O'CONNOR, District Judge.

SETH, Circuit Judge.

Louie Edward Micheli petitions to review an order of the Benefits Review Board denying his claim for disability benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. The basic issue concerns the evidentiary weight which an administrative law judge may give to a medical opinion which is inconsistent with and fails to account for contrary objective medical data. Because we find that the decision of the administrative law judge...

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