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

No. 89-3157.

888 F.2d 14 (1989)

Samuel E. WENSEL, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Third Circuit.

Decided October 23, 1989.


Attorney(s) appearing for the Case

Karen Blank, Michael Denney, U.S. Dept. of Labor, Office of the Solicitor, Washington, D.C., for respondent.

Samuel E. Wensel, Sligo, Pa., pro se.

Before SLOVITER, HUTCHINSON and NYGAARD, Circuit Judges.


OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

Samuel E. Wensel (Wensel), pro se, petitions for review of an order of the Department of Labor's Benefits Review Board (Board). The Board affirmed the decision of an administrative law judge (ALJ), who denied Wensel's claim for benefits under the Black Lung Benefits Act, 30 U.S.C.A. §§ 901-945 (West 1986).

Both parties state that the Board erred in affirming an erroneous decision by...

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