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ARCH OF KENTUCKY v. DIRECTOR, OFFICE WORKERS COMP.

No. 08-3311.

556 F.3d 472 (2009)

ARCH OF KENTUCKY, INC., Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION Programs, United States; United States Department of Labor; and Fred Hatfield, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 17, 2009.

Attorney(s) appearing for the Case

ARGUED: Ronald E. Gilbertson, Bell, Boyd & Lloyd, Washington, D.C., for Petitioner. Rita Ann Roppolo, United States Department of Labor, Washington, D.C., Sidney B. Douglass, Harlan, Kentucky, for Respondents. ON BRIEF: Ronald E. Gilbertson, Bell, Boyd & Lloyd, Washington, D.C., for Petitioner. Rita Ann Roppolo, United States Department of Labor, Washington, D.C., Sidney B. Douglass, Harlan, Kentucky, for Respondents.

Before: McKEAGUE and GRIFFIN, Circuit Judges; WEBER, Senior District Judge.

OPINION

McKEAGUE, Circuit Judge.

Fred Hatfield filed for benefits under the Black Lung Benefits Act, 30 U.S.C. § § 901-944 ("Act"). His last employer, Arch of Kentucky, Inc. ("Arch"), raised several challenges to his claim. Adjudicators for the U.S. Department of Labor's Office of Workers' Compensation Programs ("OWCP") granted his claim and the Department's Benefits Review Board ("BRB") affirmed on appeal.

Arch petitions this court to...

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