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AMAX COAL CO. v. FRANKLIN

No. 90-2095.

957 F.2d 355 (1992)

AMAX COAL COMPANY, Petitioner, v. James L. FRANKLIN and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided February 24, 1992.

Attorney(s) appearing for the Case

W.C. Blanton (argued), James F. Bleeke, Ice, Miller, Donadio & Ryan, Indianapolis, Ind., for Amax Coal Co.

Leslie A. Jones (argued), Johnson, Schaaf, Jones & Snelling, Thomas E. Johnson, Chicago, Ill., James L. Franklin, Linton, Ind., for James L. Franklin.

Barbara J. Johnson, Cathryn C. Helm (argued), Dept. of Labor, Office of the Solicitor, Carla Chapman, Benefits Review Bd., Dept. of Labor, Melissa Reardon Henry, Dept. of Labor, Black Lung Div., Washington, D.C., for Office of Workers' Compensation Programs, and Benefits Review Bd.

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

POSNER, Circuit Judge.

A coal company appeals from an order directing it to pay disability benefits to a miner, James Franklin, under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq. Franklin's claim had at first been turned down by the agency and he had not pursued his administrative remedies; but within a year he requested that the proceeding be reopened, and eventually his request was granted and...

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