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ROCHESTER & PITTSBURGH COAL CO. v. KRECOTA

No. 88-3547.

868 F.2d 600 (1989)

In the Matter of ROCHESTER & PITTSBURGH COAL CO., Petitioner, v. Mike KRECOTA, Claimant-Respondent, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Party-in-Interest/Respondent.

United States Court of Appeals, Third Circuit.

Decided February 23, 1989.

Attorney(s) appearing for the Case

Eric Jones (argued), Tillman & Thompson, Pittsburgh, Pa., for petitioner.

Michael J. Denney, Nicholas J. Levintow (argued), U.S. Dept. of Labor, Office of the Solicitor, Washington, D.C., George R. Salem, Solicitor of Labor, Donald S. Shire, Associate Solicitor for Black Lung Benefits, Donald J. Denney, Counsel for appellate Litigation, for party-in-interest/respondent.

Blair V. Pawlowski, U.M.W.A. District No. 2 Legal Counsel, Ebensburg, Pa., for Mike Krecota.

Before GIBBONS, Chief Judge, and SEITZ and GREENBERG, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

Rochester and Pittsburgh Coal Company petitions this court for review of a decision of the Benefits Review Board (BRB) dated June 22, 1988, determining that Mike Krecota was eligible for benefits payable by the Coal Company under the Black Lung Benefits Act, 30 U.S.C. §§ 901-45. We have jurisdiction under 30 U.S.C. § 932(a) and 33 U.S.C. § 921(c). See Sulyma v. Director, OWCP,

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