DIRECTOR, OWCP U.S. DEPT. OF LABOR v. BARNES AND TUCKER CO.

Nos. 91-3851, 91-3859.

969 F.2d 1524 (1992)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. BARNES AND TUCKER COMPANY, Joseph J. Molnar, Albert J. Novotny, William H. Daisley, Bethenergy Mines Inc., and Donald Smith, Respondents.

United States Court of Appeals, Third Circuit.

Decided July 16, 1992.


Attorney(s) appearing for the Case

Marshall J. Breger, Sol. of Labor, Donald S. Shire Associate Sol., Michael J. Denney, Counsel for Appellate Litigation, and C. William Mangum (argued), Atty., U.S. Dept. of Labor, Office of the Sol., Washington, D.C., for petitioner.

John J. Bagnato (argued), Spence, Custer, Saylor, Wolfe & Rose, Johnstown, Pa., for respondents Barnes & Tucker Co. and Bethenergy Mines Inc.

Blair V. Pawlowski, Pawlowski, Creany, Tulowitzki, Bilonick & Walter, Ebensburg, Pa., for respondents Joseph J. Molnar and Donald Smith.

Before: GREENBERG and NYGAARD, Circuit Judges, and POLLAK, District Judge.


OPINION OF THE COURT

NYGAARD, Circuit Judge.

We are presented with a conflict between the Director of the Office of Worker's Compensation Programs (Director) and the Benefits Review Board, Department of Labor (Board), over the proper interpretation of 20 C.F.R. § 725.535 (1991).1 The regulation was promulgated by the Secretary of Labor pursuant to the Federal Mine Safety and Health Act, 30 U.S.C. §§ 801 to 962...

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