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DIRECTOR, O.W.C.P. v. PEABODY COAL CO.

No. 87-1239.

837 F.2d 295 (1988)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. PEABODY COAL COMPANY and Earl Sisk, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided January 11, 1988.

Rehearing and Rehearing Denied March 4, 1988.

Attorney(s) appearing for the Case

Bette J. Briggs, U.S. Dept. of Labor, Washington, D.C., for petitioner.

Jack N. VanStone, VanStone & Krochta, Evansville, Ind., W.C. Blanton, Ice, Miller, Donadio & Ryan, Indianapolis, Ind., for respondents.

Before CUMMINGS, RIPPLE and MANION, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 4, 1988.

CUMMINGS, Circuit Judge.

On June 4, 1974, Earl Sisk filed a claim with the Department of Labor for payment of black lung benefits under Part C of the Black Lung Benefits Act (the "Act"), 30 U.S.C. § 901 et seq. On May 3, 1976, a deputy commissioner, an official within the Department's Office of Workers' Compensation Programs, informally denied Sisk's claim. Sisk requested a hearing on the denial...

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