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

No. 88-3215.

869 F.2d 996 (1989)

John M. KNUCKLES, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided March 17, 1989.

Attorney(s) appearing for the Case

Martin Wegbreit/Margaret Schenck (argued), Client Centered Legal Serv. of Southwest Va., Inc., Client Centered Legal Serv. of Southwest Va., Inc., Castlewood, Va., for petitioner.

Elizabeth Hopkins (argued), Sylvia Kaser, Client Centered Legal Serv. of Southwest Va., Inc., Donald S. Shire, Assoc. Sol., Office of the Solicitor, U.S. Dept. of Labor, Washington, D.C., for respondent.

Before KRUPANSKY and RYAN, Circuit Judges, and PECK, Senior Circuit Judge.

RYAN, Circuit Judge.

Petitioner John M. Knuckles appeals the decision of the Administrative Law Judge (ALJ), affirmed by the Benefits Review Board, denying disability benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. We find that substantial evidence supports the ALJ's denial of benefits under the interim regulations, 20 C.F.R. § 727.203(a); however, we hold that the ALJ erred by not considering petitioner's claim under the new permanent...

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