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

No. 89-1482.

901 F.2d 33 (1990)

Ella COOK, Petitioner, v. DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided April 11, 1990.

Attorney(s) appearing for the Case

Michele Lisa Levy, argued, Paula D. Scott, on brief, Neighborhood Legal Services Program, Washington, D.C., for petitioner.

Michael John Rutledge, argued, Asst. Counsel for Administrative Litigation and Legal Advice, Office of the Sol., Robert P. Davis, Sol. of Labor, Donald S. Shire, Associate Sol., Barbara J. Johnson, on brief, Counsel for Appellate Litigation, Office of the Sol., U.S. Dept. of Labor, Washington, D.C., for respondent.

Before ERVIN, Chief Judge, BUTZNER, Senior Circuit Judge, and HILTON, United States District Judge for the Eastern District of Virginia, sitting by designation.

ERVIN, Chief Judge:

In this case, Ella Cook, the widow of a coal miner, seeks review of the decision of the Benefits Review Board ("BRB" or "Board") affirming the denial of benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. She contends that the Administrative Law Judge ("ALJ") and Board erred in disallowing lay testimony concerning her husband's medical condition. For the reasons stated below, we agree and remand the case to the ALJ to

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