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ROBBINS v. CYPRUS CUMBERLAND COAL CO.

No. 97-3277.

146 F.3d 425 (1998)

Elmer ROBBINS, Petitioner, v. CYPRUS CUMBERLAND COAL COMPANY; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided July 21, 1998.

Attorney(s) appearing for the Case

Elmer Robbins, Middlesboro, KY, pro se.

Laura Metcoff Klaus, Mark E. Solomons (briefed), Arter & Hadden, Washington, DC, for Cyprus Cumberland Coal Company.

Barry H. Joyner, Christian P. Barber (briefed), U.S. Department of Labor, Office of the Solicitor, Washington, DC, for Director, Office of Workers' Compensation Programs, United States Departmen of Labor.

Before: CONTIE, BATCHELDER, and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Petitioner, Elmer Robbins, filed a pro se petition for review of a decision by the Benefits Review Board upholding the denial of his modification request for black lung benefits by an administrative law judge. The administrative law judge (ALJ) failed to hold an inperson hearing on the modification request. Because we believe that the ALJ's failure to hold an in-person hearing when requested violates the statutory and regulatory rules governing...

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