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

No. 89-3504.

893 F.2d 615 (1990)

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

United States Court of Appeals, Third Circuit.

Decided January 12, 1990.

Attorney(s) appearing for the Case

Maureen Hogan Krueger, Meadowbrook, Pa., for petitioner.

Robert P. Davis, Sol. of Labor, Donald S. Shire, Associate Sol., Washington, D.C., for Black Lung Benefits.

Michael J. Denney, for Appellate Litigation.

Michelle S. Gerdano, U.S. Dept. of Labor, Office of the Sol., Washington, D.C., for Director, Office of Workers' Compensation Programs.

Before GIBBONS, Chief Judge, SCIRICA, Circuit Judge and WALDMAN, District Judge.

Submitted Under Third Circuit Rule 12(6) January 8, 1990.

OPINION OF THE COURT

GIBBONS, Chief Judge:

Peter Kowalchick petitions for review of a final decision of the Benefits Review Board of the United States Department of Labor, denying him benefits under the Black Lung Benefits Act, 30 U.S.C.A. § 932(a) (West 1986). We will reverse the decision of the Benefits Review Board and direct that benefits be awarded.

I.

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