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

No. 87-1805.

843 F.2d 1053 (1988)

Juanita V. SMITH, Widow of William F. Smith, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Parke Coal Company, and U.S. Fidelity & Guaranty Company, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided April 11, 1988.


Attorney(s) appearing for the Case

Stephen J. Peters, Stewart Irwin Gilliom Meyer & Guthrie, William J. Hamilton, Indianapolis, Ind., for petitioner.

Daniel F. Hewins, Hewins & Hewins, Evansville, Ind., for respondents.

Before CUDAHY, POSNER and RIPPLE, Circuit Judges.


CUDAHY, Circuit Judge.

This is a petition for review of an order of the Benefits Review Board of the United States Department of Labor (the "Board"). The Board reversed an award by an administrative law judge (the "ALJ") granting benefits to the petitioner1 under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq. (the "Act"). The decision of the Board must be reversed.

I.

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