[Download] "Director V. Goudy" by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: Director V. Goudy
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 26, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

The petitioner, Director of the Office of Workers' Compensation Programs, United States Department of Labor (DOL), seeks review of a decision of the Benefits Review Board precluding the Director from contesting a claim of benefits which was initially approved by the Department of Health, Education and Welfare (HEW) pursuant to Section 435(a)(2)(A) of the Black Lung Benefits Act, 30 U.S.C. § 945(a)(2)(A). Upon granting initial approval, HEW referred the claim to the DOL which submitted it for further evaluation under Part C of the Act. After a de novo hearing, an Administrative Law Judge (ALJ) subsequently reversed HEW's initial finding of eligibility and issued an order denying benefits. At issue on appeal is whether HEW determinations of eligibility made pursuant to Section 435(a)(2)(A) of the Black Lung Benefits Act are binding on the DOL as initial findings of eligibility which may be submitted for further evaluation by the DOL under Part C of the Act. As we answer this query in the affirmative, the order of the Board nullifying the ALJ's denial of benefits is hereby reversed.

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