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BOSCO v. TWIN PINES COAL CO.

No. 87-1367.

892 F.2d 1473 (1989)

In the Matter of Frank BOSCO, Petitioner, v. TWIN PINES COAL COMPANY and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Tenth Circuit.

December 29, 1989.

Attorney(s) appearing for the Case

William E. Kenworthy, Denver, Colo., for petitioner Frank Bosco.

Michael J. Rutledge, Asst. Counsel for Administrative Litigation and Legal Advice, U.S. Dept. of Labor, Washington, D.C. (George R. Salem, Sol. of Labor, Donald S. Shire, Associate Sol., and Barbara J. Johnson, Counsel for Appellate Litigation, U.S. Dept. of Labor, Washington, D.C., with him on the briefs), for respondent Director, Office of Workers' Compensation Programs.

Ronald E. Gilbertson, Kilcullen, Wilson and Kilcullen, Washington, D.C., for respondent Twin Pines Coal Co.

Before McKAY, SEYMOUR, and EBEL, Circuit Judges.

SEYMOUR, Circuit Judge.

Frank Bosco applied for benefits under the Black Lung Benefits Act (the Act), 30 U.S.C. §§ 901 et seq. (1982). His claim was denied by an administrative law judge (ALJ) and the denial was affirmed on appeal to the Department of Labor Benefits Review Board (BRB). We have jurisdiction to review the BRB order under section 932(a) of the Act, which incorporates by reference the judicial review provision of the Longshore and Harbor...

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