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

No. 87-2455.

853 F.2d 529 (1988)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. ZIEGLER COAL COMPANY and Hazel Wheeler, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided July 27, 1988.


Attorney(s) appearing for the Case

Michael J. Denny, U.S. Dept. of Labor Office of the Sol., Washington, D.C., for petitioner.

Mark E. Solomons, Arter & Hadden, Pittsburgh, Pa., for respondents.

Before CUMMINGS, FLAUM, and KANNE, Circuit Judges.


FLAUM, Circuit Judge.

Robert D. Wheeler ("Wheeler") was employed by Ziegler Coal Co. ("Ziegler") for over thirty-two years. Shortly after Wheeler's death, his wife, Hazel Wheeler, filed a claim for survivor's benefits under the Black Lung Benefits Act ("The Act"), 30 U.S.C. § 901 et seq. After conducting a formal hearing, the Administrative Law Judge ("ALJ") ruled that Ziegler was not a "responsible operator" under the Act, and that therefore the Black...

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