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PATRICH v. OLD BEN COAL CO.

Nos. 88-3427, 89-1776.

926 F.2d 1482 (1991)

Juanita PATRICH, Widow of Andy Patrich, Deceased, Petitioner, v. OLD BEN COAL CO. and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents. OLD BEN COAL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor and Esther Falletti, (Widow of Joseph Falletti, Deceased), Respondents.

United States Court of Appeals, Seventh Circuit.

Decided March 8, 1991.

Attorney(s) appearing for the Case

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

Samuel L. Perkins, Lexington, Ky., Steven L. Crow, Cleveland, Ohio, for Old Ben Coal Co.

Michael J. Denney, Irene B. Wozny, Steven D. Breeskin, Nicholas J. Levintow, Dept. of Labor, Office of the Sol., Carla Chapman, Ann McLaughlin, Benefits Review Bd., Dept. of Labor, Jeffrey J. Bernstein, Sol. Gen., Office of the Sol., Washington, D.C., for Office of Workers' Compensation Programs.

Harold B. Culley, Jr., Raleigh, Ill., for Esther Falletti, (Widow of Joseph Falletti, Deceased).

Before BAUER, Chief Judge, CUDAHY and POSNER, Circuit Judges.

CUDAHY, Circuit Judge.

This appeal involves two claims for benefits under the Black Lung Benefits Reform Act. The cases have been consolidated for decision because they raise issues regarding the scope and viability of rebuttal under 20 C.F.R. § 727.203(b) in light of 30 U.S.C. § 902(f)(2).

I. FACTS

A. Facts in Patrich

Coal miner Andy E. Patrich filed a claim for black lung benefits...

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