NANCE v. BENEFITS REVIEW BD., U.S. DEPT. OF LABOR

No. 87-2650.

861 F.2d 68 (1988)

Calvin C. NANCE, Petitioner, v. BENEFITS REVIEW BOARD, UNITED STATES DEPARTMENT OF LABOR; Director, Office of Workers Compensation Programs, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided November 4, 1988.


Attorney(s) appearing for the Case

Curtis Michael Kendall (Lockwood, Alex, Fitzgibbon & Cummings, Thomas E. Johnson, Chicago, Ill., on brief), for petitioner.

Patricia May Nece (George R. Salem, Sol. of Labor, Donald S. Shire, Associate Sol., Barbara J. Johnson, Counsel for Appellate Litigation; Sylvia T. Kaser, Asst. Counsel for Appellate Litigation, Office of the Sol., U.S. Dept. of Labor, Washington, D.C., on brief), for respondents.

Before WIDENER and WILKINS, Circuit Judges, and NIEMEYER, United States District Judge for the District of Maryland, sitting by designation.


WIDENER, Circuit Judge:

Calvin C. Nance petitions for review of an order of the Benefits Review Board affirming the order of the Administrative Law Judge (ALJ) denying his application for benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. We vacate and remand with instructions.

Nance filed his claim for black lung disability benefits on November 13, 1981. After the Department of Labor denied the claim, Nance requested and received a hearing...

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