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HELEN MIN. CO. v. DIRECTOR OWCP

No. 09-3438.

650 F.3d 248 (2011)

HELEN MINING COMPANY, Petitioner v. DIRECTOR OWCP, United States Department of Labor; John Obush, Respondent.

United States Court of Appeals, Third Circuit.

Filed: April 12, 2011.

Attorney(s) appearing for the Case

William S. Mattingly, Esq. , (Argued), Jackson Kelly , Morgantown, WV, for Petitioner.

Robert J. Bilonick, Esq. , (Argued), Pawlowski Bilonick & Long, Ebensburg, PA, for Respondent, John Obush.

Helen Hart Cox, Esq. , United States Department of Labor, Office, of the Solicitor, Washington, DC, for Respondent, U.S. Department of Labor.

BEFORE: HARDIMAN, GREENAWAY, JR., and NYGAARD, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

Helen Mining petitions this Court to review the United States Department of Labor Benefits Review Board's decision that affirmed an award of disability benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945, to miner John Obush. Helen Mining asserts that Obush's claim is time-barred and that the award is not supported by substantial evidence. We will deny the petition for review.

I...

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