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

No. 88-3842.

897 F.2d 1277 (1990)

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

United States Court of Appeals, Fourth Circuit.

Decided March 12, 1990.

Attorney(s) appearing for the Case

Jeffrey Jay Bernstein (argued), Counsel for Administrative Litigation and Legal Advice, United States Dept. of Labor, Washington, D.C., for petitioner.

Sherry Lee Wilson, Client Centered Legal Services of Southwest Virginia, Inc., for respondent.

Robert P. Davis, Solicitor of Labor, Donald S. Shire, Associate Solicitor, Barbara J. Johnson, Counsel for Appellate Litigation, U.S. Dept. of Labor, Washington, D.C., on brief, for petitioner.

Before CHAPMAN and WILKINS, Circuit Judges, and WILLIAMS, United States District Judge for the Eastern District of Virginia, sitting by designation.

CHAPMAN, Circuit Judge:

In this action, the Director of the Office of Workers' Compensation Programs (OWCP) seeks the reversal of a ruling of the Benefits Review Board dismissing the Director's appeal to the Board. More than three years after the Director had filed the appeal, the Board dismissed it because the Director had failed to transmit the administrative record of the proceeding to the Board for its use in ruling on the appeal. We hold that the Board acted...

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