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

No. 89-3359.

893 F.2d 130 (1990)

David COUCH, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; and Falcon Coal Company, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided January 9, 1990.

Rehearing and Rehearing Denied February 26, 1990.

Attorney(s) appearing for the Case

Alva A. Hollon, Jr. (argued), Hollon, Hollon & Hollon, Hazard, Ky., for David Couch.

Ronald E. Gilbertson (argued), Mary Lou Smith, Kilcullen, Wilson & Kilcullen, Washington, D.C., for Falcon Coal Co.

Brian E. Peters, Michael J. Denney, Eileen McCarthy, U.S. Dept. of Labor, Office of the Sol., Washington, D.C., for Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor.

Before JONES and MILBURN, Circuit Judges, and LIVELY, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied February 26, 1990.

MILBURN, Circuit Judge.

David Couch ("petitioner") seeks review of an order of the Benefits Review Board ("Board") affirming the decision of the administrative law judge ("ALJ") denying disability benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-60. For the reasons that follow, we reverse.

I.

Petitioner is a former coal miner with at least thirteen years of coal...

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