Halon v. Director, Office of Worker's Compensation Programs

OPINION OF THE COURT

GIBBONS, Circuit Judge:

On April 9, 1983 we granted the petition of the Director, Office of Workers’ Compensation Programs, Department of Labor, for panel rehearing of our decision of October 22, 1982 granting the petition of Charles J. Halón, Jr., Executor of the Estate of Bertha Kubilus, for review of the denial of Mrs. Kubilus’ claim for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-45 (1976 & Supp. V 1981). The case was set down for argument on May 16, 1983. We reinstate our October 22, 1982 judgment, 713 F.2d 30.

Mrs. Kubilus, who died while her claim was…