COMPTON v. INLAND STEEL COAL CO.

No. 89-2943.

933 F.2d 477 (1991)

Ashland COMPTON, Petitioner, v. INLAND STEEL COAL COMPANY and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided May 21, 1991.

Rehearing and Rehearing Denied July 17, 1991.


Attorney(s) appearing for the Case

Harold B. Culley, Jr., Raleigh, Ill., for petitioner.

Donald S. Shire, Sol. Gen., Dept. of Labor, Washington, D.C., John H. Secaras, Sol.Gen., Dept. of Labor, Chicago, Ill., Sylvia T. Kaser, Marta Kusic, Dept. of Labor, Black Lung Div., Linda Mikins, Benefits Review Bd., Dept. of Labor, Washington, D.C., Louis R. Hegeman, Jay D. Stein, Kathryn S. Mueller, Gould & Ratner, Chicago, Ill., for respondents.

Before CUMMINGS, COFFEY and RIPPLE, Circuit Judges.


Rehearing and Rehearing En Banc Denied July 17, 1991.

CUMMINGS, Circuit Judge.

For more than thirty years, Ashland Compton, the claimant in this case, worked in the southern Illinois coal mines near Carbondale. He spent seventeen of his coal-mining years underground. Now he works no longer; he has heart disease and black lung disease ("pneumoconiosis") and, according to his doctor, can barely climb a flight of stairs, let alone descend into a coal mine to...

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