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PATE v. DIRECTOR, O.W.C.P., U.S. DEPT. OF LABOR

No. 87-1350.

834 F.2d 675 (1987)

Robert PATE, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, and Sahara Coal Company, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided December 2, 1987.

Attorney(s) appearing for the Case

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

Wayne R. Reynolds, Keefe & DePauli, P.C., Fairview Heights, Ill., Thomas L. Holzman, U.S. Dept. of Labor, Office of the Sol., Washington, D.C., for respondents.

Before BAUER, Chief Judge, and CUMMINGS and POSNER, Circuit Judges.

POSNER, Circuit Judge.

This appeal by a former coal miner denied a claim for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq., requires us to interpret the word "comparable" in the section that provides that a miner "shall be considered totally disabled when pneumoconiosis [black-lung disease] prevents him or her from engaging in gainful employment requiring the skills and abilities comparable...

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