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CARBON FUEL CO. v. OWCP

No. 93-1935.

20 F.3d 120 (1994)

CARBON FUEL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; Verna Kyle, widow of John Kyle, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided March 30, 1994.

Attorney(s) appearing for the Case

ARGUED: Douglas Allan Smoot, Jackson & Kelly, Charleston, WV, for petitioner. Helen Hart Cox, U.S. Dept. of Labor, Washington, DC, for respondent Director; Edward G. Atkins, Charleston, WV, for respondent Kyle. ON BRIEF: Ann B. Rembrandt, Jackson & Kelly, Charleston, WV, for petitioner. Thomas S. Williamson, Jr., Sol. of Labor, Donald S. Shire, Associate Sol., Michael J. Denney, Counsel for Appellate Litigation, U.S. Dept. of Labor, Washington, DC, for respondent Director.

Before WILKINSON and HAMILTON, Circuit Judges, and WILSON, United States District Judge for the Western District of Virginia, sitting by designation.

OPINION

WILKINSON, Circuit Judge:

The question before us is whether a survivor's federal black lung benefits must be offset by a state workers' compensation award where both awards depended upon a showing that the decedent had been totally disabled due to pneumoconiosis, although pneumoconiosis was not the cause of death. Because the offset provision of the federal Black Lung Benefits Act, 30 U.S.C. § 932(g), requires an offset of state workers' compensation...

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