NAPIER v. DIRECTOR, OWCP

No. 92-3856.

999 F.2d 1032 (1993)

Lelia NAPIER, Administratrix of the Estate of John Napier, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided July 30, 1993.


Attorney(s) appearing for the Case

Samuel L. Perkins, Gary W. Napier (argued and briefed), Lexington, KY, for petitioner.

Allen H. Feldman, Edward D. Sieger (argued and briefed), U.S. Dept. of Labor Office of Sol., Washington, DC, for respondent.

Before: NELSON and SUHRHEINRICH, Circuit Judges; and EDMUNDS, District Judge.


DAVID A. NELSON, Circuit Judge.

This matter comes before us on a petition to review a decision of the United States Department of Labor's Benefits Review Board. The Board's decision affirmed a ruling by an administrative law judge that black lung benefits paid to a disabled coal miner on an "interim" basis, prior to final adjudication of the miner's claim, had to be paid back after the claim was denied. Applying 20 C.F.R...

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