MANGUS v. DIR., OFFICE OF WKRS' COMP. PROGRAMS

No. 87-2574.

882 F.2d 1527 (1989)

Mike MANGUS, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; and Price River Coal Co., Respondents.

United States Court of Appeals, Tenth Circuit.

August 17, 1989.


Attorney(s) appearing for the Case

Jonathan Wilderman (Thomas A. Feldman, with him on the brief), Denver, Colo., for petitioner.

Michael J. Rutledge, Asst. Counsel for Benefit Programs (George Salem, Sol. of Labor, Donald S. Shire, Associate Sol., Barbara J. Johnson, Counsel for Appellate Litigation, Sylvia T. Kaser, Asst. Counsel for Appellate Litigation, U.S. Dept. of Labor, with him on the brief), Washington, D.C., for respondent, U.S. Dept. of Labor.

James M. Elegante of Parsons, Behle & Latimer, Salt Lake City, Utah, for respondent, Price River Coal Co.

Before McKAY and BARRETT, Circuit Judges, and JENKINS, Chief Judge.


PER CURIAM.

Petitioner Mike Mangus (claimant) appeals the decision of the Benefits Review Board of the Department of Labor (review board) reversing an earlier decision by an Administrative Law Judge (A.L.J.) which awarded Mangus benefits pursuant to Subchapter IV of the Federal Coal Mine Health and Safety Act of 1969 as amended, 30 U.S.C. §§ 901-45 (1982 & Supp. III 1985) (the Act).1 Our review of this matter is twofold ...

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