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JESSEE v. DIR., OFFICE OF WKRS' COMP. PROGRAMS

No. 92-2279.

5 F.3d 723 (1993)

R.J. JESSEE, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor; Westmoreland Coal Company, Incorporated, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided September 2, 1993.

Attorney(s) appearing for the Case

Martin Douglas Wegbreit, Client Centered Legal Services of Southwest Virginia, Inc., Castlewood, VA, argued, for petitioner.

Rita A. Roppolo, U.S. Dept. of Labor, Washington, DC, argued (Marshall J. Breger, Solicitor of Labor, Donald S. Shire, Associate Solicitor, Marta Kusic, Counsel for Appellate Litigation, U.S. Dept. of Labor, on brief), for respondent Director.

Douglas Allan Smoot, Jackson & Kelly, Charleston, WV, argued (Ann B. Rembrandt, on brief), for respondent Westmoreland Coal Co.

Before RUSSELL, WIDENER, and HALL, Circuit Judges.

OPINION

K.K. HALL, Circuit Judge:

R.J. Jessee petitions for review of an order of the Benefits Review Board (BRB) affirming the denial of his request for modification of an order denying black lung benefits. Concluding that the administrative law judge (ALJ) took an impermissibly narrow view of his authority to consider the request for modification, we remand the claim for reconsideration.

I.

Jessee...

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