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YOUGHIOGHENY & OHIO COAL CO. v. WEBB

No. 94-3096.

49 F.3d 244 (1995)

The YOUGHIOGHENY & OHIO COAL COMPANY, Petitioner, v. Fred WEBB III (Executor of the Estate of Fred Webb Jr.) and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided March 14, 1995.

Attorney(s) appearing for the Case

John G. Paleudis (argued and briefed), Hanlon, Duff, Paleudis & Estadt, St. Clairsville, OH, for petitioner.

R. Joseph Tarian, Canton, OH, Michael J. Denney, U.S. Dept. of Labor, Office of the Sol., Washington, DC, Patrick L. Menicos (argued and briefed), Olson & Menicos, Uniontown, OH, Richard A. Seid (argued and briefed), U.S. Dept. of Labor, Office of the Sol., Washington, DC, for respondents.

Before: ENGEL, KENNEDY, and SUHRHEINRICH, Circuit Judges.

SUHRHEINRICH, Circuit Judge.

Petitioner Youghiogheny & Ohio Coal Company ("Y & O") appeals the decision of the Benefits Review Board ("the Board" or "BRB") awarding black lung disability benefits to respondent Fred Webb, Jr. ("Webb"). Because we conclude that the administrative law judge applied the appropriate standards and based his decision to award benefits on substantial evidence, we AFFIRM the Board's award of benefits.

I.

...

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