MARKUS v. OLD BEN COAL CO.

No. 81-2643.

712 F.2d 322 (1983)

Joseph F. MARKUS, Petitioner, v. OLD BEN COAL COMPANY and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided July 22, 1983.

Rehearing Denied August 22, 1983.


Attorney(s) appearing for the Case

Harold B. Culley, Jr., West Frankfort, Ill., for petitioner.

J. Michael O'Neill, Washington, D.C., for respondents.

Before WOOD and ESCHBACH, Circuit Judges, and GORDON, District Judge.


HARLINGTON WOOD, Jr., Circuit Judge.

Petitioner seeks review of the United States Department of Labor Benefits Review Board's affirmance of a finding by a Labor Department Administrative Law Judge (ALJ) that petitioner was not entitled to benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq., since he failed to offer evidence sufficient to invoke a presumption under the applicable regulation, 20 C.F.R. § 727.203(a)(4), that he was "totally...

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