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DAUGHERTY v. DEAN JONES COAL CO.

No. 88-1382.

895 F.2d 130 (1989)

Glen DAUGHERTY, Petitioner, v. DEAN JONES COAL COMPANY; Office of Workers Compensation Program, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided November 22, 1989.

Attorney(s) appearing for the Case

H. Ronnie Montgomery, Jonesville, Va., on brief, for petitioner.

Mark E. Solomons, Laura Metcoff Klaus, Arter & Hadden, Washington, D.C., on brief, for respondents.

Before MURNAGHAN, SPROUSE and CHAPMAN, Circuit Judges.

SPROUSE, Circuit Judge:

Glen Daugherty appeals from an order of the Benefits Review Board denying him black lung benefits. Finding that the Board did not properly consider relevant medical evidence, we remand.

The claimant, employed twenty-nine years entirely in the coal mines, was approaching fifty-three years of age when he applied for benefits in 1976 under the Black Lung Benefits Act, 30 U.S.C. §§ 901, et seq. By the time the case was...

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