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SPURLIN v. DIRECTOR, OWCP

No. 91-1727.

956 F.2d 163 (1992)

William L. SPURLIN, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided February 6, 1992.

Attorney(s) appearing for the Case

Harold B. Culley, Jr., Raleigh, Ill. (argued), for petitioner.

Eileen N. McCarthy, Dept. of Labor, Appellate Litigation, Michael J. Denney, Helen H. Cox (argued), Dept. of Labor, Office of Sol., Washington, D.C., John H. Secaras, Sol. Gen., Dept. of Labor, Chicago, Ill., Donald S. Shire, Sol. Gen., Steven D. Breeskin, Dept. of Labor, Office of Sol., Linda M. Meekins, Ann McLaughlin, Benefits Review Bd., Dept. of Labor, Washington, D.C., for respondent.

Before POSNER, FLAUM and RIPPLE, Circuit Judges.

POSNER, Circuit Judge.

The Benefits Review Board held that William Spurlin was not a miner within the meaning of the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq. He was, in fact, a conductor for a railroad. But that is not determinative of his status under the Act. For many years he "spotted" railroad cars for loading with coal at a mine. The parties have not favored us with maps or photographs or even with dimensions or definitions, but as nearly...

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