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POOLE v. FREEMAN UNITED COAL MIN. CO.

Nos. 89-1155, 89-1681.

897 F.2d 888 (1990)

George POOLE, Claimant-Petitioner, v. FREEMAN UNITED COAL MINING COMPANY, Employer-Respondent, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondent. FREEMAN UNITED COAL MINING COMPANY, Petitioner, v. BENEFITS REVIEW BOARD, UNITED STATES DEPARTMENT OF LABOR, Andrew J. Summers and Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided March 12, 1990.

As Amended March 12, 1990.

Attorney(s) appearing for the Case

Howard B. Eisenberg, Carbondale, Ill., for George Poole.

Donald S. Shire, Sol. Gen., Michael J. Denney, Steven D. Breeskin, Dept. of Labor, Office of the Sol., Paul Frieden, U.S. Dept. of Labor, SOL/BL, Washington, D.C., for Office of Workers' Compensation Programs in No. 89-1155.

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

Louis R. Hegeman, Barry S. Hyman, Louis D. Bernstein, Gould & Ratner, Chicago, Ill., Robert W. Lewis, Benton, Ill., for Freeman United Coal Min. Co.

Cathryn C. Helm, Dept. of Labor, Appellate Litigation, Donald S. Shire, Sol. Gen., Linda M. Meekins, Benefits Review Bd., Dept. of Labor, Washington, D.C., John H. Secaras, Sol. Gen., Dept. of Labor, Chicago, Ill., Rae Ellen Frank James, Sylvia T. Kaser, Dept. of Labor, Black Lung Div., Washington, D.C., for Office of Workers' Compensation Programs in No. 89-1681.

Harold B. Culley, Jr., Raleigh, Ill., for Andrew J. Summers.

Before CUDAHY, FLAUM and RIPPLE, Circuit Judges.

FLAUM, Circuit Judge.

These two unrelated cases, involving claims for benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq., present two common issues and involve conflicting medical evidence and reports by the same doctors — Dr. Rao, who examines the miners, George Poole and Andrew Summers, on behalf of the Department of Labor (DOL) and concludes that the miners have pneumoconiosis, and Dr. Sugar, who examines the miners on behalf...

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