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

No. 87-2255.

869 F.2d 1413 (1989)

Mae GARCIA, Widow of Simon A. Garcia, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Tenth Circuit.

March 14, 1989.

Attorney(s) appearing for the Case

Roberto C. Armijo of Civerolo, Hansen & Wolf, Albuquerque, N.M., for petitioner.

Richard Zorn, Atty. (George R. Salem, Sol. of Labor, Donald S. Shire, Associate Sol., Barbara J. Johnson, Counsel for Appellate Litigation, and Sylvia T. Kaser, Asst. Counsel for Appellate Litigation, with him on the brief), U.S. Dept. of Labor, Washington, D.C., for respondent.

Before LOGAN and TACHA, Circuit Judges, and ANDERSON, District Judge.

LOGAN, Circuit Judge.

Petitioner Mae Garcia seeks review of a decision of the Benefits Review Board (Board) affirming the denial of black lung disability benefits to her late husband, Simon Garcia.1 Initially, we must decide whether the Board erred in finding substantial evidence to support the denial of benefits by the administrative law judge (ALJ). Because we hold that the Board did err, we must address whether its decision can be affirmed...

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