Harold G. Shortt v. Director, Office of Workers' Compensation Programs, United States Department of Labor

DONALD RUSSELL, Circuit Judge:

Petitioner, Harold G. Shortt (Shortt) seeks review of the decision of the Benefits Review Board, which affirmed the administrative law judge’s (AU) decision, denying his claim for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945 (1983) (Act). Shortt contends that the Director, Office of Workers’ Compensation Programs (Director) should be precluded from contesting his claim because the deputy commissioner previously found Shortt eligible for benefits. We find that the Director was empowered, in his discretion, to contest Shortt’s claim in light of…