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BROYLES v. DIR., OFFICE OF WORKERS' COMP. PROGRAMS

No. 97-9559.

143 F.3d 1348 (1998)

Janet M. BROYLES, Widow of Earl Broyles, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Tenth Circuit.

May 7, 1998.

Attorney(s) appearing for the Case

Jeffrey B. Diamond, Carlsbad, NM, for Petitioner.

Marvin Krislov, Deputy Solicitor for National Operations, Donald S. Shire, Associate Solicitor for Black Lung Benefits, Christian P. Barber, Counsel for Appellate Litigation, and Edward Waldman, Attorney, U.S. Depart. of Labor, Washington, DC, for Respondent.

Before SEYMOUR, Chief Judge, BRORBY and BRISCOE, Circuit Judges.

SEYMOUR, Chief Judge.

Janet Broyles, the widow of a coal miner, filed a claim for survivor's benefits under the Black Lung Benefits Act. After her claim was administratively denied, she received a hearing before an Administrative Law Judge, who issued an order denying benefits. Mrs. Broyles appealed that decision to the Benefits Review Board, which affirmed the denial and denied her motion for reconsideration. Mrs. Broyles then timely petitioned this court for review...

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