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

No. 88-2866.

896 F.2d 308 (1990)

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

United States Court of Appeals, Eighth Circuit.

Decided February 13, 1990.

Attorney(s) appearing for the Case

I. John Rossi, Des Moines, Iowa, for petitioner.

Richard A. Seid, Washington, D.C., for respondent.

Before LAY, Chief Judge, SNEED, Senior Circuit Judge, and McMILLIAN, Circuit Judge.

McMILLIAN, Circuit Judge.

Robert West seeks review of an order of the Benefits Review Board (the Board) of the Department of Labor (the Department) denying his claim for benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. (1982) (the Act). The Board concluded that an earlier claim filed by West in 1979 had been abandoned and that his new claim filed in 1983 was therefore properly reviewed by the Administrative Law Judge (ALJ) under the...

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