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RISHER v. OFFICE OF WORKERS COMPENSATION PROGRAM

No. 91-1366.

940 F.2d 327 (1991)

Mildred RISHER, Melvin Risher by his Estate, and his Widow, Petitioner, v. OFFICE OF WORKERS COMPENSATION PROGRAM; Benefits Review Board, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided July 31, 1991.

Attorney(s) appearing for the Case

Gregory J. McHugh, Aledo, Ill., for appellant.

Helen H. Cox, Washington, D.C., argued, for appellee; Robert P. Davis, Donald S. Shire, Michael J. Denney and Marta Kusic, Washington, D.C., on the brief.

Before ARNOLD and MAGILL, Circuit Judges, and BATTEY, District Judge.

MAGILL, Circuit Judge.

Mildred Risher appeals the Benefits Review Board's decision to affirm an administrative law judge's (ALJ) order denying benefits on a claim filed under the Black Lung Benefits Act, 30 U.S.C. §§ 901-962 (1988). Risher argues on appeal that the Board erred in affirming the ALJ's order because the ALJ: erroneously concluded that her husband Melvin did not suffer from black lung disease; incorrectly...

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