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

No. 89-3334.

894 F.2d 635 (1990)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR, Petitioner, v. William SIWIEC, Respondent.

United States Court of Appeals, Third Circuit.

Decided January 26, 1990.


Attorney(s) appearing for the Case

Robert E. Kirschman, Jr. (argued) and Sylvia T. Kaser, U.S. Dept. of Labor, Office of the Sol., Washington, D.C., for petitioner.

Jess Leventhal (argued), Langhorne, Pa., for respondent.

Before HUTCHINSON, COWEN and ROSENN, Circuit Judges.


OPINION OF THE COURT

COWEN, Circuit Judge.

The Director of the Office of Workers' Compensation Programs, United States Department of Labor ("Director") petitions for review of a final order of the Benefits Review Board ("Board") granting an award of black lung benefits to William Siwiec ("Siwiec") under the Black Lung Benefits Act, 30 U.S.C. §§ 901-45 (1982). The Board affirmed an Administrative Law Judge's ("ALJ") order granting benefits. We hold...

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