Legal Opinion
Director, Office of Workers' Compensation Programs v. United States Steel Corp.
Court of Appeals for the Third Circuit
Decided September 28, 1979No. 78-2684PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
The Director of the Labor Department’s Office of Workers’ Compensation Programs petitions this Court for review of a final order of the Benefits Review Board that modified an attorney’s fee award by the administrative law judge (ALJ) under the Federal Mine Safety and Health Act.1 Because the Board should have remanded the matter to the ALJ for further factual findings instead of making its own determination, we conclude that in modifying the attorney’s fee award the Board exceeded its scope of review. Accordingly, the order will be set aside.
I
At a hearing before the ALJ on…
3Cases cited5 opinions
- Lindy Bros. Builders, Inc. v. American Radiator & Standard Sanitary Corp.Court of Appeals for the Third Circuit · 1976
- Merola v. Atlantic Richfield Co.Court of Appeals for the Third Circuit · 1975
- Merola v. Atlantic Richfield Co.Court of Appeals for the Third Circuit · 1974
- SUN SHIPBUILDING & DRY DOCK COMPANY v. McCABECourt of Appeals for the Third Circuit · 1979
- Director, Office of Workers' Compensation Programs v. Rochester & Pittsburgh Coal CoCourt of Appeals for the Third Circuit · 1979
4Cited by5 opinions
- Ursic v. Bethlehem MinesCourt of Appeals for the Third Circuit · 1983
- Hilyer v. Morrison-Knudsen Construction Co.Court of Appeals for the D.C. Circuit · 1981
- 4 Employee Benefits Ca 2297, 14 Fed. R. Evid. Serv. 395 William B. Ursic v. Bethlehem Mines, a Subsidiary of Bethlehem Steel Corporation the Pension Plan of Bethlehem Steel Corporation and Subsidiary Companies and D.W. Kempken, Plan AdministratorCourt of Appeals for the Third Circuit · 1983
- Director, Office of Workers' Compensation Programs v. United States Steel Corp.Court of Appeals for the Third Circuit · 1979
- Sonia Hilyer (Widow of James H. Hilyer) v. Morrison-Knudsen Construction Company and Argonaut Insurance Company, Morrison-Knudsen Construction Company and Argonaut Insurance Company v. Sonia Hilyer (Widow of James H. Hilyer), Director, Office of Workers' Compensation, United States Department of Labor v. Morrison-Knudsen Construction Company and Argonaut Insurance CompanyCourt of Appeals for the D.C. Circuit · 1981