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UNDERHILL v. PEABODY COAL CO.

Nos. 81-2285, 81-2290 and 81-2393.

687 F.2d 217 (1982)

Louis E. UNDERHILL and Director, Office of Workers' Compensation Programs, United States Department of Labor, Petitioners/Cross-Respondents, v. PEABODY COAL COMPANY and Old Republic Insurance Company, Respondents/Cross-Petitioners.

United States Court of Appeals, Seventh Circuit.

Decided August 27, 1982.

Attorney(s) appearing for the Case

Roger M. Siegel, Washington, D. C., for petitioners/cross-respondents.

W. C. Blanton, Ice, Miller, Donadio & Ryan, Indianapolis, Ind., for respondents/cross-petitioners.

Before BAUER, Circuit Judge, NICHOLS, Associate Judge, and WOOD, Circuit Judge.

BAUER, Circuit Judge.

Louis E. Underhill filed a black lung benefits claim on May 25, 1977. The Office of Workers' Compensation Programs approved his claim on October 16, 1978, and notified Peabody Coal Company (Peabody), the responsible coal mine operator. After Peabody disputed the findings supporting Underhill's benefits claim, an administrative law judge (ALJ) reviewed the matter and upheld Underhill's award. The ALJ ruled that Underhill suffered from totally...

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