Tonelli v. Director, Office of Workers' Compensation Programs

HEANEY, Senior Circuit Judge.

Charles Tonelli seeks review of the decision of the Department of Labor’s Benefits *1084Review Board (BRB) denying his 1982 claim for disability benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. (the Act).1 The BRB concluded that the AU did not need to reconsider Tonelli’s 1974 claim, as that claim had been abandoned. It affirmed the AU’s use of the permanent entitlement criteria under 20 C.F.R. Part 718 and the decision on the merits to deny Tonelli’s 1982 claim. On appeal, Tonelli contends that the BRB erred in finding that his 1974 claim had been…