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

No. 89-2011.

897 F.2d 740 (1990)

Ed DAUGHERTY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAM, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided March 8, 1990.

Attorney(s) appearing for the Case

Constance Elizabeth McCarty, (argued) Katten, Muchin & Zavis, Karyn G. Gershon, on brief, Chicago, Ill., for petitioner.

Michael John Denney, Counsel for Appellate Litigation, Jerry G. Thorn, Acting Sol. of Labor, Donald S. Shire, Associate Sol. for Black Lung Benefits, on brief, Office of the Sol., U.S. Dept. of Labor, Washington, D.C., for respondent.

Before WIDENER and WILKINSON, Circuit Judges, and VOORHEES, United States District Judge for the Western District of North Carolina, sitting by designation.

WIDENER, Circuit Judge:

Ed Daugherty seeks review of the decision of the Benefits Review Board affirming the denial of his claim for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq. Daugherty contends that the ALJ and the Board erred in reviewing his claim under the interim Labor Department regulations at 20 C.F.R. § 727.203 and not under the less stringent interim HEW regulations...

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