Charles M. Dawe v. Old Ben Coal Company and Director, Office of Workers' Compensation Programs, United States Department of Labor

FLAUM, Circuit Judge.

Petitioner Charles M. Dawe appeals from an order of the Benefits Review Board dismissing his appeal of an unfavorable decision on his application for federal black lung disability benefits. For the reasons stated below, we must affirm dismissal by the Board.

I

On June 12, 1978, petitioner applied for black lung benefits under Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. He was initially determined to be eligible for benefits on August 11, 1980. Respondent Old Ben Coal Company, Dawe's former employer, requested a de…