Legal Opinion

Virginia Kephart, Widow of Raymond Kephart v. Director, Office of Workers' Compensation Programs, United States Department of Labor

Court of Appeals for the Third Circuit

Decided February 25, 1983No. 82-3126PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

BECKER, Circuit Judge.

Petitioner Virginia Kephart seeks review 1 of an order of the Benefits Review Board (“BRB”) of the Department of Labor dismissing her claim for black lung benefits filed under Title IV of the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. §§ 901-902, 921-924, 931-936 (1976). 2 The BRB entered the dismissal sua sponte because it apparently deemed petitioner to have abandoned her claim when she failed to timely file a Petition for Review and supporting brief in her appeal from an adverse decision of an administrative law judge. Although the…

2Cases cited2 opinions

  1. Fred G. Schaaf v. David Matthews, as Secretary of Health, Education, and WelfareCourt of Appeals for the Third Circuit · 1978
  2. Director, Office of Workers' Compensation Programs v. Black Diamond Coal Mining Co.Court of Appeals for the Fifth Circuit · 1979

3Cited by10 opinions

  1. Director, Office of Workers' Compensation Programs, United States Department of Labor v. Lucian HilemanCourt of Appeals for the Fourth Circuit · 1990
  2. Harmar Coal Co. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Third Circuit · 1991
  3. Borden v. MeeseDistrict Court, N.D. Georgia · 1985
  4. Harmar Coal Company v. Director, Office Of Workers' Compensation ProgramsCourt of Appeals for the Third Circuit · 1991
  5. Tideland Welding Service & Liberty Mutual Insurance v. SawyerCourt of Appeals for the Fifth Circuit · 1989

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