Unpublished Dispositionedgar Castle, Petitioner, v. Director, Office of Workers' Compensation Programs, Unitedstates Department of Labor, Respondent, 878 F.2d 381 (6th Cir. 1989)

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U.S. Court of Appeals for the Sixth Circuit - 878 F.2d 381 (6th Cir. 1989)

April 25, 1989


Before WELLFORD and RALPH B. GUY, Jr., Circuit Judges, and JOHN W. PECK, Senior Circuit Judge.


ORDER

Petitioner seeks review of a decision of the Benefits Review Board denying black lung benefits. Briefing in this appeal was held in abeyance pending a decision by the United States Supreme Court in Pittston Coal Group v. Sebben, 104 S. Ct. 414 (1988). Respondent now moves that in accordance with the decision in Pittston, the decision of the Benefits Review Board be vacated and the case be remanded to the deputy commissioner, Office of Workers' Compensation Programs, for the payment of benefits, and states that petitioner's counsel has no objections. Respondent further concedes that petitioner's contentions on appeal have merit. Upon review of the decision and the record in light of Pittston, we conclude that remand for the payment of benefits is appropriate.

It is therefore ORDERED that this case be remanded to the Benefits Review Board which is instructed to vacate its decision and remand to the deputy commissioner for payment of benefits.