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BENEDICT v. DIRECTOR, OFFICE OF WORKERS' COMP.

No. 93-3494.

29 F.3d 1140 (1994)

Russell BENEDICT, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided July 14, 1994.

Attorney(s) appearing for the Case

Suzanne J. Levitt (submitted), S.I.U. Legal Clinic, Carbondale, IL, for petitioner.

Lawrence W. Rogers, Edward Waldman, Dept. of Labor, Office of the Sol., Washington, DC, John H. Secaras, Sol. Gen., Dept. of Labor, Chicago, IL, Thomas S. Williamson, Jr., Dept. of Labor, Office of the Sol., Patricia M. Nece, U.S. Dept. of Labor, Office of the Sol., Washington, DC, for respondent.

Donald S. Shire, Sol. Gen., Dept. of Labor, Office of the Sol., Lisa L. Lahrman, Benefits Review Bd., Executive Counsel, Clerk of the Bd., Washington, DC, for party-in-interest.

Before CUDAHY, ESCHBACH, and FLAUM, Circuit Judges.

ESCHBACH, Circuit Judge.

The Benefits Review Board of the Department of Labor ("DOL") denied Russell Benedict's request that the DOL waive its recovery of an overpayment of benefits. Benedict petitions this Court to review that decision. We have jurisdiction under 33 U.S.C. § 921(c) and 30 U.S.C. § 932(a). We deny Benedict's petition for review.

I.

For twenty-five years, Russell Benedict labored in the coal mines of southern Illinois. Two...

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