Legal Opinion

Hardesty v. Benefits Review Board

Court of Appeals for the Eighth Circuit

Decided February 5, 1986No. 85-2165PublishedCited by 4 opinions

1Per curiam

Helen Hardesty prosecuted her late husband’s claim for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945 (as amended). An administrative law judge denied the claim, and the Benefits Review Board of the United States Department of Labor affirmed the AU’s decision on July 29, 1985. On September 30, 1985, Mrs. Hardesty filed a petition with this court for review of the Board’s order. Two of the respondents have filed a motion to dismiss the petition for lack of jurisdiction.

Under 33 U.S.C. § 921(c), made applicable to the Black Lung Benefits Act by 30 U.S.C. § 932(a) (as amended),…

2Cases cited4 opinions

  1. Northeast Marine Terminal Co. v. CaputoSupreme Court of the United States · 1977
  2. Pittston Stevedoring Corp. v. DellaventuraCourt of Appeals for the Second Circuit · 1976
  3. Bassett v. Massman Const. Co.Court of Appeals for the Eighth Circuit · 1941
  4. Glen Hon v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Eighth Circuit · 1983

3Cited by4 opinions

  1. Riat Danko, Widow of Joseph Danko v. Director, Office of Workers' Compensation Programs, U.S. Department of LaborCourt of Appeals for the Sixth Circuit · 1988
  2. Kenneth Kopp v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1989
  3. Albert S. Rich v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Eleventh Circuit · 1986
  4. Hardesty v. Benefits Review BoardCourt of Appeals for the Eighth Circuit · 1986

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