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

No. 87-1455.

878 F.2d 1083 (1989)

Charles TONELLI, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, As Designee of William E. Brock, III, Secretary of Labor, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided June 28, 1989.

Attorney(s) appearing for the Case

I. John Rossi, Des Moines, Iowa, for petitioner.

Barbara J. Johnson, Sylvia T. Kaser, Patricia M. Nece, U.S. Dept. of Labor, Washington, D.C., for respondents.

Before HEANEY, and JOHN R. GIBSON, Circuit Judges, and HENLEY, Senior Circuit Judge.

HEANEY, Senior Circuit Judge.

Charles Tonelli seeks review of the decision of the Department of Labor's Benefits Review Board (BRB) denying his 1982 claim for disability benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. (the Act).1 The BRB concluded that the ALJ did not need to reconsider Tonelli's 1974 claim, as that claim had been abandoned. It affirmed the ALJ...

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