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SCOTT v. MASON COAL CO.

No. 93-2067.

60 F.3d 1138 (1995)

Ernest SCOTT, Petitioner, v. MASON COAL COMPANY; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided August 10, 1995.

Attorney(s) appearing for the Case

ARGUED: Martin Douglas Wegbreit, Client Centered Legal Services of Southwest Virginia, Inc., Castlewood, VA, for petitioner. Mark Elliott Solomons, Arter & Hadden, Washington, DC, for respondent Mason Coal; Gary K. Stearman, U.S. Dept. of Labor, Washington, DC, for respondent Director. ON BRIEF: Laura Metcoff Klaus, Arter & Hadden, Washington, DC, for respondent Mason Coal; Thomas S. Williamson, Jr., Sol. of Labor, Donald S. Shire, Associate Sol., Marta Kusic, Counsel for appellate Litigation, U.S. Dept. of Labor, Washington, DC, for respondent Director.

Before RUSSELL and WIDENER, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

Reversed and remanded with instructions by published opinion. Judge WIDENER wrote the opinion, in which Judge RUSSELL and Senior Judge CHAPMAN joined.

OPINION

WIDENER, Circuit Judge:

Ernest Scott first applied for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-45, in 1984. He has had two hearings before an administrative law judge (ALJ) and three before the Benefits Review Board (the Board). Therefore, the issues left in his...

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