Isabella Dailey, Widow of Grover Dailey, Petitioner, v. Director, Office of Workers' Compensation Programs, Unitedstates Department of Labor, Respondent, 97 F.3d 1451 (6th Cir. 1996)

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US Court of Appeals for the Sixth Circuit - 97 F.3d 1451 (6th Cir. 1996) Sept. 18, 1996

Ben.Rev.Bd., No. 94-2736 BLA.

Ben.Rev.Bd.

VACATED.

Before: KEITH, NORRIS, and DAUGHTREY, Circuit Judges.


ORDER

Petitioner, Isabella Dailey, proceeding pro se, seeks review of a Benefits Review Board decision affirming the denial of benefits under the Black Lung Benefits Act. 30 U.S.C. §§ 901-945. The Director, Office of Workers' Compensation Programs, now moves this court to vacate the Board's decision and to remand the claim for the payment of benefits to Mrs. Dailey.

The Director concedes that the miner, Grover Dailey, was totally disabled due to pneumoconiosis and, thus, Grover Dailey's widow is entitled to benefits under the Act and applicable regulations. 30 U.S.C. §§ 922(a) (2), 932(1); 20 C.F.R. §§ 410.490, 725.1(a), 725.201(a) (2) (ii), 725.212; Pittston Coal Group v. Sebben, 488 U.S. 105, 115-17 (1988). Mrs. Dailey has not objected to the Director's motion and there is no other party to this claim that could contest the motion to pay benefits from the Black Lung Disability Trust Fund.

Therefore, the decision of the Benefits Review Board is vacated, and the action is remanded to the Board with the direction to remand to the District Director for payment of benefits on this claim. Rule 8(b), Rules of the Sixth Circuit.

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