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CLARK v. DIRECTOR, OFFICE OF WORKERS COMPENSATION

No. 89-3061.

917 F.2d 374 (1990)

Ethyel CLARK, Widow of Walter E. Clark, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, as Designee of Elizabeth Dole, Secretary of Labor, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided October 23, 1990.

Attorney(s) appearing for the Case

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

Elizabeth J. Shapiro, Washington, D.C., for respondent.

Before JOHN R. GIBSON, Circuit Judge, and ROSS and HENLEY, Senior Circuit Judges.

ROSS, Senior Circuit Judge.

Ethyel Clark (Petitioner) appeals a decision made by an Administrative Law Judge (ALJ) and affirmed by the Benefits Review Board, which denied her benefits under the Black Lung Benefits Act (the Act) for the disability of her deceased husband, Walter Clark (miner). The ALJ denied her benefits on the ground that the medical testimony offered to establish a disability due to black lung disease, pneumoconiosis,1

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