Legal Opinion

Edward P. McConnell v. Director, Office of Workers' Compensation Programs, United States Department of Labor

Court of Appeals for the Tenth Circuit

Decided April 27, 1993No. 92-9500PublishedCited by 13 opinions

1Opinion of the Court

TACHA, Circuit Judge.

Edward P. McConnell appeals a decision of the Benefits Review Board denying his claim for waiver of overpayment recovery. We exercise jurisdiction under 33 U.S.C. § 921(c) and affirm in part and reverse in part. 1

I

In June, 1980, Edward McConnell filed a claim for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945 (as amended). On August 6,1981, the Deputy Commissioner of the Department of Labor (“DOL”) approved McConnell’s claim and notified his employer, Kaiser Steel Corporation (“Kaiser”), of its liability for these benefits. Because Kaiser contested the…

2Cases cited19 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. Glen W. WILLIAMS, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1988
  4. Mary Hope CASIAS, Plaintiff-Appellant, v. SECRETARY OF HEALTH & HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1991
  5. Ermano Valente v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1984

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3Cited by13 opinions

  1. Patricia JAMES, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1996
  2. Energy W. Mining Co. v. Lyle Ex Rel. LyleCourt of Appeals for the Tenth Circuit · 2019
  3. Russell Benedict v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1994
  4. Tefera v. ColvinDistrict Court, D. Massachusetts · 2014
  5. Big Horn Coal Co. v. Sadler Ex Rel. SadlerCourt of Appeals for the Tenth Circuit · 2019

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