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AMAX COAL v. DIR., OFFICE OF WORKERS' COMPENSATION

No. 84-2955.

801 F.2d 958 (1986)

AMAX COAL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided September 18, 1986.

Attorney(s) appearing for the Case

Mark E. Solomons, Kilcullen, Wilson & Kilcullen, Washington, D.C., for petitioner.

Jeffrey J. Bernstein, Dept. of Labor, Office of the Solicitor, Washington, D.C., for respondent.

Before CUMMINGS, Chief Judge, RIPPLE, Circuit Judge, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge.

An Administrative Law Judge ("ALJ") awarded William K. Peavler benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-45 (the "Act"). The Department of Labor Benefits Review Board ("Board") affirmed the ALJ's decision and order. Amax Coal Co. ("Amax") petitioned for review of the Board's decision and order. The primary issues presented are whether the ALJ's invocation of an interim presumption of total disability due...

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