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AMAX COAL CO. v. BEASLEY

No. 90-1820.

957 F.2d 324 (1992)

AMAX COAL COMPANY, Petitioner, v. Ruby BEASLEY, Widow of Robert V. Beasley, and Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided February 19, 1992.

As Amended February 21, 1992.

Attorney(s) appearing for the Case

W.C. Blanton (argued), Terri A. Czajka, Ice, Miller, Donadio & Ryan, Indianapolis, Ind., for petitioner.

Harold B. Culley, Jr. (argued), Raleigh, Ill., Barbara J. Johnson, Donald S. Shire, Sol. Gen., Cheryl Blair-Kijewski, Russell A. Shultis (argued), Dept. of Labor, Office of the Solicitor, Maria Lisowski, Benefits Review Bd., Dept. of Labor, Sylvia T. Kaser, Dept. of Labor, Black Lung Div., Carla Chapman, Maria Lisowski, Benefits Review Bd., Dept. of Labor, Washington, D.C., for respondents.

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

COFFEY, Circuit Judge.

The Amax Coal Company (Amax) seeks review of an Order of the Benefits Review Board of the United States Department of Labor (BRB) granting benefits to Robert Beasley pursuant to the provisions of the Black Lung Benefits Act. 30 U.S.C. § 901 et seq. The BRB affirmed the decision of the Administrative Law Judge (ALJ), who found that Amax had failed to rebut the presumption of total disability raised by the claimant. We reverse.

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