EIFLER v. O.W.C.P.

No. 90-1924.

926 F.2d 663 (1991)

Oliver W. EIFLER, Petitioner, v. OFFICE OF WORKERS' COMPENSATION PROGRAMS, Peabody Coal Company, and Old Republic Insurance Company, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided February 27, 1991.


Attorney(s) appearing for the Case

Leslie A. Jones, Johnson, Schaaf, Jones & Snelling, Thomas E. Johnson, Chicago, Ill., for petitioner.

Oliver W. Eifler, Chandler, Ind., pro se.

Donald S. Shire, Sol. Gen., Steven D. Breeskin, Rita Roppolo, Office of the Sol., Washington, D.C., John H. Secaras, Sol. Gen., Chicago, Ill., Sylvia T. Kaser, Melissa Reardon Henry, Black Lung Div., Carla Chapman, Ann McLaughlin, Benefits Review Bd., Dept. of Labor, Washington, D.C., W.C. Blanton, Terri A. Czajka, Ice, Miller, Donadio & Ryan, Indianapolis, Ind., for respondents.

Before POSNER, COFFEY, and RIPPLE, Circuit Judges.


POSNER, Circuit Judge.

This appeal from the denial of benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq., requires us to decide whether an administrative law judge is authorized under the Act to correct his factual mistakes.

Oliver Eifler, who is now 77 years old, applied for black lung benefits back in 1980, after having worked in coal mines for 34 years. After a hearing, an administrative law judge denied his application...

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