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FREEMAN UNITED COAL MIN. v. OWCP

No. 90-1437.

957 F.2d 302 (1992)

FREEMAN UNITED COAL MINING COMPANY, Petitioner, v. OFFICE OF WORKERS' COMPENSATION PROGRAMS, BENEFITS REVIEW BOARD, and Sylvia Shelton, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided February 18, 1992.

Attorney(s) appearing for the Case

Louis R. Hegeman, Kathryn S. Matkov (argued), Gould & Ratner, Chicago, Ill., for petitioner.

Barbara J. Johnson, Donald S. Shire, Sol. Gen., Michael J. Denney, Robert E. Kirschman, Jr., Russell A. Shultis, Dept. of Labor, Office of Sol., Washington, D.C., John H. Secaras, Sol. Gen., Dept. of Labor, Chicago, Ill., Sylvia T. Kaser, Dept of Labor, Black Lung Div., Washington, D.C., for respondent Office of Workers' Compensation Program.

Linda M. Meekins, Benefits Review Bd., Dept. of Labor, Washington, D.C., for respondent Benefits Review Bd.

Harold B. Culley, Jr. (argued), Raleigh, Ill., for respondent Sylvia Shelton, Widow of William Shelton.

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

POSNER, Circuit Judge.

A coal company appeals from an order to pay benefits to a miner's widow under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq. Because her husband had been a miner for at least 10 years — in fact for 25 years — he was entitled, upon proof by an accepted method that he had a chronic respiratory disease, to a presumption that the disease was pneumoconiosis, that is, black lung disease. 20 C.F.R. § 727.203...

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