ZETTLER v. DIRECTOR, OWCP, U.S. DEPT. OF LABOR

No. 88-1965.

886 F.2d 831 (1989)

Joseph ZETTLER, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 8, 1989.

Opinion October 4, 1989.


Attorney(s) appearing for the Case

Howard B. Eisenberg, Southern Illinois University, School of Law, Carbondale, Ill., for petitioner.

Michael J. Denney, Dept. of Labor, Michael J. Rutledge, Dept. of Labor, Black Lung, Office of the Sol., Washington, D.C., for respondent.

Carla Chapman, Benefits Review Bd., Department of Labor, Washington, D.C.

Before EASTERBROOK, RIPPLE, and MANION, Circuit Judges.


PER CURIAM.

Black lung victim and former coal miner Joseph Zettler is totally disabled from pneumoconiosis. In 1986 the Administrative Law Judge (ALJ) found Zettler eligible for Black Lung Disability Trust Fund (Disability Fund) benefits retroactive to January 1, 1974. But in 1988 the U.S. Department of Labor Benefits Review Board (Review Board) modified the benefits award to establish the date from which benefits should...

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