No. 89-3441.

932 F.2d 1191 (1991)

Clyde M. COLLINS, Petitioner-Appellant, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, and Benefits Review Board, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 21, 1991.

Attorney(s) appearing for the Case

Howard B. Eisenberg, Southern Illinois University, School of Law, Carbondale, Ill., for Clyde M. Collins.

Eileen N. McCarthy, Dept. of Labor, Appellate Litigation, Steven D. Breeskin, Richard Zorn, Dept. of Labor, Office of the Sol., Washington, D.C., Robert A. Mitchell, Dept. of Labor, Columbus, Ohio, for Office of Workers' Compensation Programs, U.S. Dept. of Labor.

Eileen N. McCarthy, Linda M. Meekins, Ann McLaughlin, Benefits Review Bd., Dept. of Labor, Washington, D.C., for Benefits Review Bd.

Before CUMMINGS, CUDAHY and COFFEY, Circuit Judges.

CUMMINGS, Circuit Judge.

In March 1981 petitioner Clyde M. Collins filed an application for Black Lung Benefits under 30 U.S.C. §§ 901-904. He sought benefits on the ground that he has a totally disabling respiratory impairment due to pneumoconiosis. In June 1986 Administrative Law Judge Gray determined that Collins was entitled to benefits. However, the Director of the Office of Workers' Compensation Programs in the Department of Labor appealed the decision...

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