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SOUBIK v. DIRECTOR OFFICE OF WORKERS' COMP.

No. 03-1668.

366 F.3d 226 (2004)

John A. SOUBIK, Executor of the Estate of Cecilia Soubik, Petitioner v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor.

United States Court of Appeals, Third Circuit.

Filed April 30, 2004.

Attorney(s) appearing for the Case

Neil A. Grover, (Argued), Law Office of Neil A. Grover, Harrisburg PA, for Appellant.

Sarah M. Hurley, (Argued), Howard M. Radzely, Donald S. Shire, Patricia M. Nece, U.S. Department of Labor, Office of the Solicitor, Washington, D.C., for Appellee.

Before ROTH and McKEE, Circuit Judges, and CUDAHY, Senior Circuit Judge.

McKEE, Circuit Judge.

The widow of a deceased coal miner1 returns to this court to appeal the Benefits Review Board's third denial of her claim for survivor's benefits under the Black Lung Benefits Act ("BLBA"), 30 U.S.C. §§ 901-945. She claims that the ALJ did not properly weigh the lay and medical evidence on remand following our earlier decision, Soubik v. Office of Workers' Compensation Programs, 181 F.3d 85, 1999...

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