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JIM WALTER RESOURCES, INC. v. ALLEN

No. 92-6044.

995 F.2d 1027 (1993)

JIM WALTER RESOURCES, INC., Petitioner, v. Edward ALLEN; Director, Office of Workers Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Eleventh Circuit.

July 16, 1993.

Attorney(s) appearing for the Case

Braxton Schell, Jr., Bradley, Arant, Rose & White, Birmingham, AL, for petitioner.

Michael J. Denney, Jeffrey S. Goldberg, U.S. Dept. of Labor, Washington, DC, for respondent.

Anthony Joseph Cicconi, Shaffer & Shaffer, Madison, WV, for Allen.

Before EDMONDSON and CARNES, Circuit Judges, and HILL, Senior Circuit Judge.

PER CURIAM:

The rights of a coal miner to receive damages from his employer for pneumoconiosis (lung disease) are in dispute. The Administrative Law Judge ("ALJ") granted respondent miner benefits. The Benefits Review Board ("Board") affirmed this decision on appeal. Because we conclude that such relief was justified, we AFFIRM.

I. Facts and Background

Edward Allen ("Allen") worked as a maintenance foreman and supervisor in a coal mine for Jim Walter...

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