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MEYER v. ZEIGLER COAL CO.

No. 86-2292.

894 F.2d 902 (1990)

William Frank MEYER, Petitioner, v. ZEIGLER COAL COMPANY, and Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided January 31, 1990.

Attorney(s) appearing for the Case

Thomas Broden (argued), Notre Dame Law School, Notre Dame, Ind., Kathleen M. Burke, for petitioner.

Mark E. Solomons (argued), Arter & Hadden, Washington, D.C., for respondent, Zeigler Coal Co.

Thomas L. Holzman, Office of the Sol., Brian Peters, Dept. of Labor, Black Lung Div., Washington, D.C., for respondent Office of Workers' Compensation Programs.

Carla Chapman, Benefits Review Bd., Dept. of Labor, Washington, D.C., for respondent Benefits Review Bd.

Before CUDAHY and KANNE, Circuit Judges and ESCHBACH, Senior Circuit Judge.

KANNE, Circuit Judge.

William Meyer retired from thirty-nine years of coal mine employment on December 30, 1976, at age 60. On March 3, 1978, Meyer filed an application for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-45 (the "Act"). The Department of Labor ("DOL") initially denied Meyer's application for benefits. Notwithstanding this denial, the DOL eventually reversed course and entered an initial determination of entitlement to benefits...

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