Mabel W. TURNER, Widow of Bill Turner, Petitioner,
v.
DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued May 11, 1990.
Decided March 6, 1991.
Attorney(s) appearing for the Case
Thomas McKennan Hazlett, Kinder, Harper, Hazlett & Hinzey, St. Clairsville, Ohio, for petitioner.
Priscilla Anne Schwab, Office of the Sol., U.S. Dept. of Labor, Washington, D.C., argued (Robert P. Davis, Sol. of Labor, Donald S. Shire, Associate Sol. for Black Lung Benefits, Michael J. Denney, Counsel for Appellate Litigation, Office of the Sol., U.S. Dept. of Labor, Washington, D.C., on brief), for respondent.
Before WIDENER and PHILLIPS, Circuit Judges, and SMITH, Senior United States Circuit Judge for the Federal Circuit, sitting by designation.
United States Court of Appeals, Fourth Circuit.
WIDENER, Circuit Judge:
Mabel W. Turner, widow of Bill Turner, petitions for review of the Benefits Review Board's affirmance of the Administrative Law Judge's (ALJ) decision denying both a live miner's and a survivor's claim under the Black Lung Benefits Act. Being of opinion that the Board erroneously found to have been rebutted the presumption that Bill Turner had pneumoconiosis, we vacate and remand for the award of benefits...
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