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MITCHELL v. OWCP

No. 93-1923.

25 F.3d 500 (1994)

Rita J. MITCHELL, Petitioner, v. OFFICE OF WORKERS COMPENSATION PROGRAMS, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided May 26, 1994.

Attorney(s) appearing for the Case

Theresa Chmara (argued), David W. DeBruin, Jenner & Block, Washington, DC, for petitioner.

Marta Kusic, Jeffrey S. Goldberg, Office of the Sol., Louis W. Rogers, Dept. of Labor, Office of Workers' Compensation Program, Washington, DC, for Office of Workers Compensation Programs.

Wayne Reynolds (argued), Belleville, IL, for Old Ben Coal Co.

Steven D. Breeskin, Dept. of Labor, Office of the Sol., Lisa L. Lahrman, Benefits Review Bd., Executive Counsel, Clerk of the Bd., Washington, DC, for Benefits Review Bd.

Before LAY, RIPPLE and MANION, Circuit Judges.

RIPPLE, Circuit Judge.

Coal miner Charles Mitchell applied for black lung benefits on June 26, 1980, shortly before his death in August of that year. Petitioner Rita Mitchell, his widow, timely filed a claim for survivor's benefits. That consolidated claim has been before the Department of Labor and the courts ever since. Mrs. Mitchell now appeals the ruling of the Benefits Review Board ("the Board") affirming the decision of the Administrative Law Judge ("the ALJ...

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