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BURNS v. DIRECTOR OFFICE OF WORKERS COMP. PROGRAMS

Nos. 93-1476, 93-1626.

41 F.3d 1555 (1995)

Robert L. BURNS, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, Respondent. GEORGE HYMAN CONSTRUCTION COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided December 20, 1994.

Rehearing and Suggestion for Rehearing Denied February 15, 1995.

Attorney(s) appearing for the Case

Marc Fiedler, Washington, DC, argued the cause and filed the brief for petitioner Robert L. Burns.

Samuel K. Charnoff, Washington, DC, argued the cause for respondent/employer George Hyman Const. Co. Stewart S. Manela, Washington, DC, was on the brief for respondent/employer George Hyman Const. Co.

Carol A. DeDeo, Associate Sol., U.S. Dept. of Labor, Washington, DC, entered an appearance for respondent Director, Office of Workers' Compensation Programs.

Before WALD, SILBERMAN and RANDOLPH, Circuit Judges.

Rehearing and Suggestion for Rehearing In Banc Denied February 15, 1995.

Opinion for the Court filed by Circuit Judge WALD.

Concurring Opinion filed by Circuit Judge SILBERMAN.

WALD, Circuit Judge:

Petitioner Robert L. Burns seeks review of three orders of the Benefits Review Board ("BRB" or "Board"). Burns contends that the Board exceeded its statutorily defined scope of review in reversing the first two Administrative Law Judge ("ALJ") rulings...

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