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PEABODY COAL CO. v. HELMS

No. 88-2882.

901 F.2d 571 (1990)

PEABODY COAL COMPANY and Old Republic Insurance Company, Petitioners, v. Earl V. HELMS and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided April 19, 1990.

Attorney(s) appearing for the Case

W.C. Blanton, Ice, Miller, Donadio & Ryan, Indianapolis, Ind., for petitioners.

Jack N. VanStone, VanStone & Associates, Evansville, Ind., Roscoe C. Bryant, III, Office of the Sol., Rae Ellen Frank James, Sylvia T. Kaser, Dept. of Labor, Black Lung Div., Washington, D.C., for respondents.

Before POSNER and FLAUM, Circuit Judges, and DUMBAULD, Senior District Judge.

POSNER, Circuit Judge.

This is a petition by a coal company to review an award of black lung benefits to one of its employees, Earl Helms. 33 U.S.C. § 932(a). The company concedes that there was enough evidence of black lung disease to satisfy the presumption of total disability in 20 C.F.R. § 727.203(a), on which see Cook v. Director, 816 F.2d 1182 (7th Cir.1987), but argues that it rebutted the presumption, as the...

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