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

No. 89-3359.

888 F.2d 1001 (1989)

Kathryn LUKOSEVICZ (Widow of Alexander Lukosevicz), Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Third Circuit.

Decided November 7, 1989.

Attorney(s) appearing for the Case

J. Scott Leckie, Yablonski, Costello, Leckie & Chaban, Washington, Pa., for petitioner.

Michelle Gerdano, Michael Denney, U.S. Dept. of Labor, Office of the Sol., Washington, D.C., for respondent.

Before SLOVITER, SCIRICA and NYGAARD, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) October 2, 1989.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

We are faced with a conflict between the Director of the Office of Workers' Compensation Programs (Director) and the Benefits Review Board (Board) over the interpretation of a regulation.1 The regulation at issue, 20 C.F.R. § 718.205(c), sets forth the criteria used to determine whether the death of...

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