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ADKINS v. DIRECTOR, OWCP, U.S. DEPT. OF LABOR

No. 88-3580.

878 F.2d 151 (1989)

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

United States Court of Appeals, Fourth Circuit.

Decided June 27, 1989.

Attorney(s) appearing for the Case

Roger Daniel Forman (Forman, Kanner and Crane, Charleston, W.Va., on brief), for petitioner.

Richard A. Seid (Jerry G. Thorn, Acting Sol. of Labor, Donald S. Shire, Associate Sol., Washington, D.C., for Black Lung Benefits, Sylvia T. Kaser, Counsel for Appellate Litigation, Karen N. Blank, U.S. Dept. of Labor, Office of the Sol., on brief), for respondent.

Before WINTER, PHILLIPS and MURNAGHAN, Circuit Judges.

HARRISON L. WINTER, Circuit Judge:

In this case we decide whether, after notifying a Black Lung Benefits Act claimant that benefits have been denied pursuant to 20 C.F.R. § 725.410(c), the Department of Labor (DoL) must send to the claimant an additional denial notice pursuant to 20 C.F.R. § 725.409(b) before considering the claim abandoned. We hold that no such additional notice is required.

I.

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