Legal Opinion
Mae Garcia, Widow of Simon A. Garcia v. Director, Office of Workers' Compensation Programs, United States Department of Labor
Court of Appeals for the Tenth Circuit
Decided March 14, 1989No. 87-2255PublishedCited by 25 opinions
1Opinion of the Court
LOGAN, Circuit Judge.
Petitioner Mae Garcia seeks review of a decision of the Benefits Review Board (Board) affirming the denial of black lung disability benefits to her late husband, Simon Garcia. 1 Initially, we must decide whether the Board erred in finding substantial evidence to support the denial of benefits by the administrative law judge (AU). Because we hold that the Board did err, we must address whether its decision can be affirmed on an alternative ground raised for the first time on appeal by respondent Director of the Office of Workers’ Compensation Programs (Director).
Simon…
2Cases cited13 opinions
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
- Helvering v. GowranSupreme Court of the United States · 1937
- Edwin Southard v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Sixth Circuit · 1984
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3Cited by25 opinions
- Faulkner v. Super Valu Stores, Inc.Court of Appeals for the Tenth Circuit · 1993
- Jesse Adams v. Director, OwcpCourt of Appeals for the Sixth Circuit · 1989
- Myrtle Griffith, Widow of Otis Griffith v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Sixth Circuit · 1995
- American Mining Congress v. Mine Safety & Health AdministrationCourt of Appeals for the D.C. Circuit · 1993
- Charles G. Grigg v. Director, Office of Workers' Compensation Programs, United States Department of Labor, Charles G. Grigg v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1994
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