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HILL v. OFFICE OF WORKERS' COMPENSATION PROGRAMS

No. 06-4868.

562 F.3d 264 (2009)

Peggy HILL, Widow of Charles W. Hill, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, Respondent.

United States Court of Appeals, Third Circuit.

Filed: April 9, 2009.

Attorney(s) appearing for the Case

George E. Mehalchick (Argued), Lenahan & Dempsey, P.C., Scranton, PA, for Petitioner.

Jonathan L. Snare, Allen H. Feldman, Patricia M. Nece, Kristen Lindberg (Argued), United States Department of Labor, Washington, D.C., for Respondent.

Before: McKEE, RENDELL, & TASHIMA Circuit Judges.

OPINION

McKEE, Circuit Judge.

The widow of a deceased coal miner petitions for review of a decision of the Benefits Review Board affirming an Administrative Law Judge's denial of her claim for survivor's benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. For the reasons that follow, we will grant the petition for review, and remand for payment of her claim.

I. FACTS AND PROCEDURAL BACKGROUND

Charles Hill worked...

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