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

No. 88-1225.

870 F.2d 1407 (1989)

Florence E. MIKELS, Widow of Charles Mikels, Petitioner, v. DIRECTOR, OFFICE OF the WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, As Designee of William E. Brock, III, Secretary of Labor, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided March 28, 1989.


Attorney(s) appearing for the Case

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

Brian E. Peters, Washington, D.C., for respondent.

Before LAY, Chief Judge, JOHN R. GIBSON, Circuit Judge, and STUART, Senior District Judge.


LAY, Chief Judge.

Florence Mikels is the widow of Charles Mikels (Mikels), a coal miner who died at age forty-nine on September 25, 1961. Mrs. Mikels filed for benefits on February 20, 1974, under the Black Lung Benefits Act [Act].1 Her survivor's claim was administratively denied, and she took no further action at that time.

Following the Black Lung Benefits Reform Act of 1977,2 Mrs. Mikels' claim...

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