Echo v. Director, Office of Workers' Compensation Programs

OPINION OF THE COURT

ADAMS, Circuit Judge.

Petitioner, Joseph F. Echo, was a coal miner in eastern Pennsylvania for twelve- and-one-half years, leaving the mines permanently in 1954. On October 17, 1973, Echo applied the Department of Labor for black lung disability benefits under the Black Lung Benefits Act (Act), 30 U.S.C. § 901 et seq. (1982). His claim was denied at every administrative level. Following the final decision of the Benefits Review Board (Board), Echo petitioned this Court for review.

The issue before us is whether Echo’s post-mine employment, as a receiving clerk in a shirt…