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Judgment of the Benefits Review Board awarding benefits to defendant under the Black Lung Benefits Act is affirmed where: 1) defendant's second claim for benefits is not barred by res judicata as long as he has demonstrated a material change in his condition; 2) substantial evidence supported the ALJ's finding that defendant established a material change in conditions, and that he is totally disabled by pneumoconiosis caused at least in part by coal mine employment and thus entitled to black lung benefits.
Petition for Review of an Order of the Benefits Review Board.
Argued January 14, 2009
Decided August 5, 2009
Before CUDAHY, KANNE, and TINDER, Circuit Judges.
Opinion by TINDER, Circuit Judge.