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CHARLES v. DIRECTOR, OWCP

No. 91-3028.

1 F.3d 251 (1993)

Gladys CHARLES, the Surviving Divorced Spouse of Verdie Charles, on behalf of herself and on behalf of Verdie Charles, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided August 9, 1993.

Attorney(s) appearing for the Case

Leslie Ann Jones, Johnson, Schaaf, Jones & Snelling, Chicago, IL, argued (Thomas E. Johnson, on brief), for petitioner.

Edward Waldman, Office of the Sol., U.S. Dept. of Labor, Washington, DC, argued (David S. Fortney, Deputy Sol. of Labor, Donald S. Shire, Associate Sol. for Black Lung Benefits, Barbara J. Johnson, Counsel for Appellate Litigation, Priscilla Anne Schwab, Office of the Sol., U.S. Dept. of Labor, Washington, DC, on brief), for respondent.

Before HALL and MURNAGHAN, Circuit Judges, and G. Ross ANDERSON, Jr., United States District Judge for the District of South Carolina, sitting by designation.

OPINION

K.K. HALL, Circuit Judge:

Gladys Charles petitions for review of an order of the Benefits Review Board (BRB) affirming the denial of her claim for her deceased ex-husband's black lung benefits. Because we conclude that the petitioner does not have standing to pursue a claim for underpayments to the miner during the miner's lifetime, we dismiss the petition.

I.

Verdie Charles worked in the mines for over twenty years between 1940...

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