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ORAVITZ v. DIR., O.W.C.P., U.S. DEPT. OF LABOR

No. 87-3443.

843 F.2d 738 (1988)

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

United States Court of Appeals, Third Circuit.

Decided March 31, 1988.

Rehearing Denied June 9, 1988.

Attorney(s) appearing for the Case

Sandor Yelen, Ronald P. Sweeda (argued), Wilkes-Barre, Pa., for petitioner.

George R. Salem, Donald S. Shire, Barbara J. Johnson (argued), Thomas L. Holzman, Roscoe C. Bryant, III, U.S. Dept. of Labor, Office of the Solicitor, Washington, D.C., for respondent.

Before SEITZ, HUTCHINSON and GARTH, Circuit Judges.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

Joseph Oravitz petitions for review of a Benefits Review Board (BRB) decision denying him benefits under the Black Lung Benefits Act, 30 U.S.C.A. §§ 901-960 (West 1986).1 The BRB affirmed an Administrative Law Judge's (ALJ's) order denying benefits. After affording Oravitz the benefit of an interim presumption of total disability on x-ray evidence of pneumoconiosis coupled...

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