FARIES v. DIRECTOR, OFFICE OF WORKERS' COMP. PROG.

No. 89-3836.

909 F.2d 170 (1990)

Gary FARIES, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided July 26, 1990.


Attorney(s) appearing for the Case

Lawrence R. Webster, Pikeville, Ky., for petitioner.

Michael J. Denney, Robert E. Kirschman, Jr., U.S. Dept. of Labor, Office of the Sol., Washington, D.C., for respondent.

Before KEITH and MILBURN, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.


CELEBREZZE, Senior Circuit Judge.

Petitioner Gary Faries appeals a decision and order of the Benefits Review Board (BRB or Board) reinstating a February 8, 1985 decision and order of an Administrative Law Judge (ALJ) denying his claim for benefits under the Black Lung Benefits Act (Act), as amended, 30 U.S.C. § 901 et seq.

On appeal, petitioner contends that because of a change in the interpretation of the regulations applicable to invocation of...

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