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

No. 90-1770.

927 F.2d 181 (1991)

Otto WALKER, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; Eastern Associated Coal Corporation, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided March 6, 1991.

Attorney(s) appearing for the Case

John G. Sims, Logan, W. Va., argued (Pamela E. Berger and Grant Crandall, Crandall and Pyles, Charleston, W. Va., on brief), for petitioner.

Mark Elliott Solomons, argued (Laura Metcoff Klaus, Arter & Hadden, on brief), Washington, D.C., for respondents.

Before WIDENER and SPROUSE, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

SPROUSE, Circuit Judge:

We review a decision of the Benefits Review Board denying Otto Walker benefits under the Black Lung Benefits Act. 30 U.S.C. §§ 901-945 (1988). Finding that the underlying ALJ's decision was contrary to law and not based on substantial evidence, we reverse.

I

Appellant, Otto Walker, worked as a coal miner for more than 27 years for appellee, Eastern Associated Coal Corporation (Eastern). He retired in 1983, claiming...

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