Unpublished Dispositionwillie West, Petitioner, v. Director, Office of Workers' Compensation Programs, Unitedstates Department of Labor, Respondent, 898 F.2d 155 (6th Cir. 1990)

Before KENNEDY and RYAN, Circuit Judges, and GEORGE C. SMITH, District Judge^* .

ORDER

The petitioner seeks review of a decision of the Benefits Review Board (hereinafter "Board") denying him benefits under the Black Lung Benefits Act. The respondent now moves this Court for vacation of the Board's decision and remand to the Board with instructions for payment of benefits. The respondent has determined that the petitioner has established entitlement to benefits under the Black Lung Benefits Act. Upon review and consideration, we conclude that remand for the payment of benefits is appropriate.

It is therefore ORDERED that the respondent's motion is granted. This case shall be remanded to the Board which is instructed to vacate its decision and remand this case to the Deputy Commissioner for the payment of benefits.