Milburn Colliery Company v. Guy Hicks Director, Office of Workers' Compensation Programs, United States Department of Labor
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Reversed and remanded by published opinion. Judge WILLIAMS wrote the opinion, in which Judge LUTTIG and Senior Judge MERHIGE joined.
OPINION
WILLIAMS, Circuit Judge:
Guy Hicks applied for benefits under the Black Lung Benefits Act (the Act), see 30 U.S.C.A §§ 901-945 (West 1986 & Supp. 1997), on May 28, 1981. An Administrative Law Judge (ALJ) reviewed Hicks’ claim on three separate occasions. The Benefits Review Board (Board) remanded the claim twice for reconsideration. The ALJ’s third order awarding benefits was finally affirmed by the Board, fifteen years after Hicks applied for benefits.…
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