SHELTON v. DIRECTOR, OWCP

No. 89-2232.

899 F.2d 690 (1990)

Carl SHELTON, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, et al., Respondents.

United States Court of Appeals, Seventh Circuit.

Decided April 13, 1990.


Attorney(s) appearing for the Case

Harold B. Culley, Jr., Raleigh, Ill., for Carl Shelton.

Cathryn C. Helm, Appellate Litigation, Donald S. Shire, Sol. Gen., Michael J. Denney, Carla Chapman, Benefits Review Bd., Dept. of Labor, John H. Secaras, Sol. Gen., Dept. of Labor, Washington, D.C., for Inland Steel Co., Office of Workers' Compensation Programs and Benefits Review Bd.

Louis R. Hegeman, Jay D. Stein, Gould & Ratner, Chicago, Ill., for Consolidation Coal Co.

Before CUMMINGS, POSNER and EASTERBROOK, Circuit Judges.


POSNER, Circuit Judge.

Carl Shelton, a former coal miner, seeks disability benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq. He is conceded to be totally disabled as a result of respiratory disease, and to have black lung disease (pneumoconiosis). The question is the causal relationship between his black lung disease and his total disability, and is not adequately illuminated by the pertinent regulation: "benefits are provided under...

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