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

No. 87-2683.

912 F.2d 192 (1989)

Betty YAUK, Widow of Steve Yauk, Petitioner, v. DIRECTOR, OWCP, U.S. DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided June 29, 1989.

Attorney(s) appearing for the Case

I. John Rossi, Des Moines, Iowa, for appellant.

George R. Salem, Sol. of Labor, Donald S. Shire, Associate Sol., Barbara J. Johnson, Sylvia T. Kaser and Michelle S. Gerdano, all attys. for OWCP, Washington, D.C., for appellee.

Before McMILLIAN, JOHN R. GIBSON and MAGILL, Circuit Judges.

McMILLIAN, Circuit Judge.

Betty Yauk petitions for review of a final decision of the United States Department of Labor Benefits Review Board (board) denying her claim for survivor's black lung benefits. For reversal, petitioner argues the administrative law judge (ALJ) incorrectly determined her husband's period of coal mine employment and erroneously refused to accept certain medical evidence. For the reasons discussed below, we reverse and remand this case with...

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