Legal Opinion
Lukman v. Director, Office of Workers' Compensation Programs
Court of Appeals for the Tenth Circuit
Decided February 22, 1990No. 88-1733PublishedCited by 5 opinions
1Opinion of the Court
McKAY, Circuit Judge.
This case involves a petition to review a decision of the Benefits Review Board of the United States Department of Labor (“Board”) which dismissed, on administrative res judicata grounds, plaintiff’s petition for review of the decision of an administrative law judge (“AU”).
I. FACTS
On May 2, 1978, Frank Lukman filed his first claim for black lung benefits with the Department of Labor. This claim was denied by a claims examiner on July 13, 1979, largely because Lukman failed to prove that he was totally disabled by pneumoconi-osis. Mr. Lukman did not pursue this claim…
2Cases cited16 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Crowell v. BensonSupreme Court of the United States · 1932
- Mullins Coal Co. of Va. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1988
- Potomac Electric Power Co. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1980
- Peter J. Brennan, Secretary of Labor v. Gilles & Cotting, Inc., and Occupational Safety and Health Review CommissionCourt of Appeals for the Fourth Circuit · 1974
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3Cited by5 opinions
- Otto Walker v. Director, Office of Workers' Compensation Programs, United States Department of Labor Eastern Associated Coal CorporationCourt of Appeals for the Fourth Circuit · 1991
- Big Horn Coal Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor, John J. Madia, Real Party in InterestCourt of Appeals for the Tenth Circuit · 1995
- Ragon Cunningham v. Island Creek Coal Company Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Sixth Circuit · 1998
- John Henry McGuire v. Little Bill Coal Company and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Sixth Circuit · 1994
- Frank Lukman v. Director, Office Of Workers' Compensation ProgramsCourt of Appeals for the Tenth Circuit · 1990