Unpublished Dispositionfred Payton, Petitioner, v. Director, Office of Workers' Compensation Programs, Unitedstates Department of Labor, Respondent, 885 F.2d 871 (6th Cir. 1989)

Before NATHANIEL R. JONES and ALAN E. NORRIS, Circuit Judges, and RICHARD B. McQUADE, Jr., District Judge^* .

ORDER

The petitioner seeks review of a decision of the Benefits Review Board denying him black lung benefits. This case was held in abeyance pending the Supreme Court's decision in Pittston Coal Group v. Sebben, 109 S. Ct. 414 (1988). The respondent now concedes that in light of that decision, the petitioner is entitled to benefits commencing in June 1977, and moves to remand this case to the deputy commissioner, United States Department of Labor, for the payment of such benefits.

It is therefore ORDERED that this appeal is dismissed and this case is remanded to the deputy commissioner, United States Department of Labor, for entry of a compensation order awarding benefits to the petitioner commencing as of June 1977.