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COOK v. DIR., OFFICE OF WORKERS' COMP. PROGRAMS

No. 86-1775.

816 F.2d 1182 (1987)

Arthur Wesley COOK, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided April 13, 1987.

Attorney(s) appearing for the Case

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

Mark M. Pierce, Law Dept. Old Ben Coal Co., Lexington, Ky., Ronald G. Ray, U.S. Dept. of Justice, Office of the Sol., Washington, D.C., for respondent.

Before WOOD and POSNER, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

POSNER, Circuit Judge.

Arthur Cook applied for disability benefits from his employer under the Black Lung Benefits Reform Act of 1977, 30 U.S.C. §§ 901 et seq. An administrative law judge of the Department of Labor held that Cook was not entitled to benefits and the Department's Benefits Review Board affirmed. We must consider the following question, which has divided the circuits: In deciding whether a claimant is entitled to an "interim presumption...

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