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HAWKINS v. DIRECTOR, OWCP

No. 89-2102.

907 F.2d 697 (1990)

Robert HAWKINS, Petitioner-Appellant, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, and Freeman United Coal Mining Company, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 20, 1990.

Attorney(s) appearing for the Case

Howard B. Eisenberg, Southern Illinois University, Carbondale, Ill., for Robert Hawkins.

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

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

Michael J. Denney, Steven D. Breeskin, Robert E. Kirschman, Jr., Dept. of Labor, Office of the Solicitor, Washington, D.C., John H. Secaras, Sol. Gen., Dept. of Labor, Chicago, Ill., for Office of Workers' Compensation Programs.

Before WOOD, Jr., and KANNE, Circuit Judges, and PELL, Jr., Senior Circuit Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

Former mine worker Robert Hawkins, a thirty-five year, pack-a-day cigarette smoker, has pneumoconiosis and arteriosclerotic heart disease. He is totally disabled. We must decide whether the ALJ, in denying Hawkins benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945 (1982), imposed on him the appropriate burden of proof on the issue whether his total disability was caused by his pneumoconiosis.

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