GREENWICH COLLIERIES v. DIRECTOR, OWCP

No. 92-3270.

990 F.2d 730 (1993)

GREENWICH COLLIERIES, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, and Andrew Ondecko, Respondents.

United States Court of Appeals, Third Circuit.

Decided March 23, 1993.


Attorney(s) appearing for the Case

John J. Bagnato (argued), Spence, Custer, Saylor, Wolfe & Rose, Johnstown, PA, for petitioner.

C. William Mangum (argued), U.S. Department of Labor, Washington, DC, for Director, Office of Workers' Compensation Programs.

Margarete E. Pawlowski (argued), Bolger, Picker, Hankin & Tannenbaum, Philadelphia, PA, David J. Tulowitzki, Daneil G. Walter, Pawlowski, Tulowitzki, Bilonick & Walter, Edensburg, PA, for Andrew Ondecko.

Before: HUTCHINSON, SCIRICA, and ROSENN, Circuit Judges.


OPINION OF THE COURT

ROSENN, Circuit Judge.

This petition for review of a decision of the Director, Office of Workers' Compensation Programs, presents a novel question in this circuit relating to the claimant's burden of proof in a black lung benefit case. Andrew Ondecko, the claimant, filed an application for benefits with the United States Department of Labor pursuant to the Black Lung Benefits Act, 30 U.S.C. §§ 901-45 (1982) (the Act). Ondecko...

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