Legal Opinion
Kathryn Lukosevicz (Widow of Alexander Lukosevicz) v. Director, Office of Workers' Compensation Programs, United States Department of Labor
Court of Appeals for the Third Circuit
Decided November 7, 1989No. 89-3359PublishedCited by 43 opinions
1Opinion of the Court
OPINION OF THE COURT
SLOVITER, Circuit Judge.
I
We are faced with a conflict between the Director of the Office of Workers’ Compensation Programs (Director) and the Benefits Review Board (Board) over the interpretation of a regulation. 1 The regulation at issue, 20 C.F.R. § 718.205(c), sets forth the criteria used to determine whether the death of a miner will be considered to be due to pneumoconiosis, commonly known as black lung disease, in order to entitle the survivor to benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-960 (1982). The particular subsection at issue here applies…
2Cases cited8 opinions
- Udall v. TallmanSupreme Court of the United States · 1965
- Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
- Potomac Electric Power Co. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1980
- Frank J. Carozza v. United States Steel Corporation and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1984
- Arthur Bonessa v. United States Steel Corp., and Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Party in InterestCourt of Appeals for the Third Circuit · 1989
3 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- William N. Clemons v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2009
- Piney Mountain Coal Co. v. MaysCourt of Appeals for the Fourth Circuit · 1999
- Jewell Shuff, Widow of Paul Shuff v. Cedar Coal Company Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1992
- Labelle Processing Company v. John Swarrow and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1996
- Brown v. Rock Creek Mining Co.Court of Appeals for the Sixth Circuit · 1993
38 more not listed; retrieve them via the Exa API.