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NEWELL v. DIRECTOR, OWCP, U.S. DEPT. OF LABOR

No. 90-2181.

933 F.2d 510 (1991)

Fred M. NEWELL, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR and Freeman United Coal Mining Company, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided May 22, 1991.

Attorney(s) appearing for the Case

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

Jay D. Stein, Gould & Ratner, Chicago, Ill., for respondent Freeman United Coal Min. Co.

Barbara J. Johnson, Dept. of Labor, Appellate Litigation, Donald S. Shire, Sol. Gen., Steven D. Breeskin, Elizabeth Hopkins, Dept. of Labor, Office of the Sol., Washington, D.C., Louis R. Hegeman, Kathryn S. Mueller, Gould & Ratner, John H. Secaras, Sol. Gen., Dept. of Labor, Chicago, Ill., Marta Kusic, Dept. of Labor, Black Lung Div., Washington, D.C., for respondent Office of Workers' Compensation Programs.

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

Before POSNER, COFFEY and RIPPLE, Circuit Judges.

COFFEY, Circuit Judge.

Petitioner Fred Newell was denied benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945 (1982), after the ALJ held a hearing on his claim. The ALJ's denial was affirmed on direct appeal to the Benefits Review Board and again on rehearing. Newell now appeals to this court, contending that the ALJ applied an inappropriate standard of causation to his claim.

I.

Newell first applied for black lung benefits...

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