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WOODWARD v. DIRECTOR, OWCP

No. 92-3282.

991 F.2d 314 (1993)

Luke WOODWARD, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor; Straight Creek Coal Company; Liberty Mutual Insurance Company, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided April 9, 1993.

Attorney(s) appearing for the Case

Sandra L. Mayes (argued and briefed), Appalachian Research & Defense Fund of Kentucky, Inc., Barbourville, KY, for petitioner.

John T. Chafin (argued and briefed), Francis, Kazee & Francis, Prestonsburg, KY, for respondents Straight Creek Coal Co. and Liberty Mut. Ins. Co.

Richard Zorn, Rita Roppolo (argued and briefed), U.S. Dept. of Labor, Office of the Sol., Washington, DC, for respondent Director, Office of Workers' Compensation Programs, United States Department of Labor.

Before: KEITH and JONES, Circuit Judges; and JOINER, Senior District Judge.

KEITH, Circuit Judge.

Petitioner, Luke Woodward ("Woodward"), appeals the denial of his application for disability claims by the Benefits Review Board of the United States Department of Labor (the "Board"). Woodward filed this action pursuant to the Black Lung Benefits Act (the "Act"), 30 U.S.C. §§ 901-45. The Act provides for the payment of benefits to former coal miners who are totally disabled due to pneumoconiosis resulting from previous coal mine employment...

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