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DIRECTOR, OWCP v. CONSOLIDATION COAL CO.

No. 89-3363.

923 F.2d 38 (1991)

DIRECTOR, OFFICE OF WORKERS COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. CONSOLIDATION COAL COMPANY; Megan Krushansky, widow of Charles Krushansky, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided January 14, 1991.

Attorney(s) appearing for the Case

Rita A. Roppolo, 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, on brief), Washington, D.C., for petitioner.

William Steele Mattingly, Jackson & Kelly, Morgantown, W. Va., for respondents.

Before PHILLIPS and CHAPMAN, Circuit Judges, and HOUCK, United States District Judge for the District of South Carolina, sitting by designation.

CHAPMAN, Circuit Judge:

The Director of the Office of Workers' Compensation Programs ("Director") appeals the decision of the Benefits Review Board ("the Board") affirming the Administrative Law Judge's ("ALJ") finding that Charles Krushansky was not a "miner" under the Black Lung Benefits Act (the "Act") while employed as a riverman by Consolidation Coal Company ("Consolidation"). Since Mr. Krushansky was not a miner while...

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