FREEMAN UNITED COAL MIN. v. BENEFITS REVIEW BD.

No. 89-2306.

909 F.2d 193 (1990)

FREEMAN UNITED COAL MINING COMPANY, Petitioner, v. BENEFITS REVIEW BOARD, UNITED STATES DEPARTMENT OF LABOR, Director, Office of Workers' Compensation Programs, U.S. Department of Labor and Mary L. Whited (Widow of Warren Whited), Respondents.

United States Court of Appeals, Seventh Circuit.

Decided July 20, 1990.


Attorney(s) appearing for the Case

Louis R. Hegeman, Jay D. Stein, Karin T. O'Connell, Gould & Ratner, Chicago, Ill., for Freeman United Coal Mining Co.

Linda M. Meekins, Benefits Review Bd., Dept. of Labor, Washington, D.C., for Benefits Review Bd.

Donald S. Shire, Sol. Gen., Office of the Solicitor, Washington, D.C., John H. Secaras, Sol. Gen., Chicago, Ill., Rae Ellen Frank James, Dept. of Labor, Black Lung Div., Washington, D.C., for Office of Workers' Compensation Programs.

Daniel R. O'Brien, Moos, Schmitt & O'Brien, Peoria, Ill., Wayne Reynolds, Wayne Reynolds, Reynolds & Wissore, Belleville, Ill., for Mary F. Whited, (Widow of Warren Whited).

Before BAUER, Chief Judge, CUDAHY, Circuit Judge, and PELL, Senior Circuit Judge.


CUDAHY, Circuit Judge.

Freeman United Coal Mining Company ("Freeman") seeks review of a decision by the Department of Labor's Benefits Review Board (the "Board") upholding an order of an administrative law judge (the "ALJ") awarding Mary L. Whited survivor's benefits under the Black Lung Benefits Act ("Act"), 30 U.S.C. §§ 901 et seq. We affirm.

I.

Mary L. Whited is the surviving spouse of a coal miner, Warren Whited, who died on...

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