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

No. 88-3400.

871 F.2d 564 (1989)

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

United States Court of Appeals, Sixth Circuit.

Decided April 3, 1989.

Attorney(s) appearing for the Case

Rita S. Fuchsman, Chillicothe, Ohio, for Harold Zimmerman, petitioner.

Michael J. Denney and Ronald G. Ray, U.S. Dept. of Labor, Office of the Sol., Washington, D.C., for Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor, respondent.

Before MERRITT and NELSON, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

MERRITT, Circuit Judge.

Harold Zimmerman, a coal miner, appeals from the denial of benefits he seeks under the Black Lung Benefits Act, 30 U.S.C. 901 et seq. Zimmerman prevailed before an administrative law judge. Decision and Order, March 27, 1986. The Benefits Review Board, however, reversed the ALJ's decision and denied benefits. Decision and Order, March 22, 1988. Because the Board exceeded the scope of its review, we reverse.

Zimmerman filed the...

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