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BALSAVAGE v. DIRECTOR, OWCP

No. 01-2091.

295 F.3d 390 (2002)

Evelyn BALSAVAGE, widow of Anthony Balsavage, Claimant/Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS (United States Department of Labor), Party-in-Interest/Respondent.

United States Court of Appeals, Third Circuit.

Argued: January 15, 2002.

Attorney(s) appearing for the Case

Helen M. Koschoff (argued), Warburton, PA, for claimant/petitioner Evelyn Balsavage, widow of Anthony Balsavage.

Jeffrey S. Goldberg (argued), Howard M. Radzely, Acting Solicitor of Labor, Donald S. Shire, Associate Solicitor, Patricia M. Nece, Counsel for Appellate Litigation, U.S. Department of Labor, Office of the Solicitor, Washington, DC, for party-in-interest/respondent Director, Office of Workers' Compensation Programs, (United States Department of Labor).

Before: ALITO, ROTH, Circuit Judges, and SCHWARZER, Senior District Judge

OPINION OF THE COURT

SCHWARZER, Senior Judge.

Evelyn Balsavage petitions for review of a final order of the Benefits Review Board, United States Department of Labor, affirming a final decision of the Administrative Law Judge ("ALJ") denying survivor's benefits to appellant, pursuant to 33 U.S.C. § 921(b)(3), as incorporated into the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. Mrs. Balsavage is...

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