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DIRECTOR, OFFICE OF WKRS COMP. v. FORESTER

No. 87-3482.

857 F.2d 1121 (1988)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, Petitioner, v. Herman B. FORESTER, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided September 30, 1988.

Attorney(s) appearing for the Case

George R. Salem, Donald S. Shire, Barbara J. Johnson, Thomas L. Holaman, Michael J. Denney (argued), U.S. Dept. of Labor, Office of the Solicitor, Benefits Review Bd., U.S. Dept. of Labor, Washington, D.C., for petitioner.

Virginia K. Mayle (argued), Clifford M. Farrell, Barkan & Neff Co., Columbus, Ohio, for respondent.

Before KRUPANSKY and WELLFORD, Circuit Judges, and GILMORE, District Judge.

WELLFORD, Circuit Judge.

This case requires us to settle a dispute between the Director of the Office of Workers' Compensation and the Department of Labor's Benefits Review Board, over how to evaluate a claim filed prior to the 1977 amendments to the Black Lung Benefits Act, 30 U.S.C. § 801 et seq. At issue are black lung benefits for the period August 23, 1983 to January 1, 1984.

Plaintiff Herman Forester filed a request for black lung benefits...

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