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ANDERSEN v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS

No. 05-9550.

455 F.3d 1102 (2006)

Lila C. ANDERSEN, successor in interest to Harold J. Andersen, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, Respondent. Energy Fuels Mining Company and Old Republic Insurance Company, Intervenors.

United States Court of Appeals, Tenth Circuit.

July 25, 2006.

Attorney(s) appearing for the Case

Stephen D. Harris of Merrill, Anderson, King & Harris, LLC, Colorado Springs, CO, for Petitioner.

Barry H. Joyner, United States Department of Labor, Office of the Solicitor (Howard M. Radzely, Solicitor of Labor; Allen H. Feldman, Assistant Solicitor; Christian P. Barber, Counsel for Appellate Litigation, with him on the brief), for Respondent.

W.C. Blanton of Blackwell Sanders Peper Martin, LLP, Kansas City, MO, for Intervenors.

Before BRISCOE, BALDOCK, and TYMKOVICH, Circuit Judges.

BALDOCK, Circuit Judge.

Petitioner Lila Andersen is the surviving spouse of Harold Andersen, a coal miner. Mr. Andersen worked as a coal miner for 40 years and suffered from Chronic Obstructive Pulmonary Disease (COPD). Prior to his passing, Mr. Andersen applied for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945, (BLBA).1 According to Mr. Andersen, his COPD was a compensable form of pneumoconiosis arising out...

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