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NAPIER v. DIRECTOR, OWCP

No. 88-3079.

890 F.2d 669 (1989)

Roy J. NAPIER, Petitioner, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided September 1, 1989.

Attorney(s) appearing for the Case

Roger D. Forman, Forman, Kanner & Crane, Charleston, W. Va., on brief, for appellant.

Donald S. Shire, Associate Sol., for Black Lung Benefits. Michael J. Denny, counsel for Appellate Litigation, Roscoe C. Bryant, III, U.S. Dept. of Labor, Office of Sol., Washington, D.C., on brief, for appellee.

Before RUSSELL and SPROUSE, Circuit Judges, and VOORHEES, United States District Judge for the Western District of North Carolina, sitting by designation.

PER CURIAM:

Roy J. Napier petitions for review of the Benefits Review Board (BRB) decision upholding the finding of the Administrative Law Judge (ALJ) that Napier was not entitled to disability benefits because he failed to establish the existence of pneumoconiosis under 20 C.F.R. § 718.202(a)(1), or to establish total disability under 20 C.F.R. § 718.204(c)(1) through (4). Although we initially held that Napier's notice of appeal was untimely and thus insufficient...

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