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SHELTON v. OLD BEN COAL CO.

No. 90-1941.

933 F.2d 504 (1991)

Junior J. SHELTON, Petitioner, v. OLD BEN 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.

Attorney(s) appearing for the Case

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

Steven D. Breeskin, Elizabeth Hopkins, Dept. of Labor, Office of the Solicitor, Carla Chapman, Benefits Review Bd., Dept. of Labor, Washington, D.C., Paul Frieden, Dept. of Labor, Black Lung Div., Mark E. Solomons, Arter & Hadden, Washington, D.C., Steven L. Crow, Cleveland, Ohio, for respondents.

Before POSNER, COFFEY, and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

This is a petition by the claimant, Junior Shelton, to review a decision by the Benefits Review Board (BRB) affirming the denial of black lung benefits. Mr. Shelton is asking this court to remand this case on two grounds: 1) that the Administrative Law Judge (ALJ) erred in his consideration of the medical evidence by finding that there was no total disability; and 2) that the BRB erred in relying on the causation standard enunciated in Wilburn...

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