FREEMAN UNITED COAL MINING COMPANY, Petitioner,
v.
Ralph E. ANDERSON; Director, Office of Workers' Compensation Programs; and United States Department of Labor, Respondents.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Argued January 28, 1992.
Decided February 26, 1992.
Published Opinion August 24, 1992.
Attorney(s) appearing for the Case
Kathryn S. Matkov, John Arthur Washburn, argued, Gould & Ratner, Chicago, Ill., for Freeman United Coal Mining Co.
Eileen M. McCarthy, Dept. of Labor, Appellate Litigation, Donald S. Shire, Sol. Gen., Dept. of Labor, Office of the Solicitor, Linda M. Meekins, Ann McLaughlin, Benefits Review Bd., Dept. of Labor, Washington, D.C., John H. Secaras, Sol. Gen., Dept. of Labor, Chicago, Ill., Louis W. Rogers, Dept. of Labor, Office of Workers' Compensation Program, Washington, D.C., for Benefits Review Bd.
Eileen M. McCarthy, Dept. of Labor, Appellate Litigation, Donald S. Shire, Sol. Gen., Dept. of Labor, Office of the Solicitor, Washington, D.C., Leslie A. Jones, argued, Johnson, Schaaf, Jones & Snelling, Chicago, Ill., Linda M. Meekins, Ann McLaughlin, Benefits Review Bd., Dept. of Labor, Washington, D.C., John H. Secaras, Sol. Gen., Dept. of Labor, Chicago, Ill., James E. Ford, Hanagan & Ford, Benton, Ill., Louis W. Rogers, Dept. of Labor, Office of Workers' Compensation, Washington, D.C., for Ralph E. Anderson.
Eileen M. McCarthy, Dept. of Labor, Appellate Litigation, Barbara J. Johnson, Donald S. Shire, Sol. Gen., Marta Kusic, Dept. of Labor, Office of the Solicitor, Washington, D.C., Linda M. Meekins, Ann McLaughlin, Benefits Review Bd., Dept. of Labor, Washington, D.C., John H. Secaras, Sol. Gen., Dept. of Labor, Chicago, Ill., Louis W. Rogers, Dept. of Labor, Office of Workers' Compensation, Washington, D.C., for Office of Workers' Compensation Programs.
Before BAUER, Chief Judge, POSNER and COFFEY, Circuit Judges.
United States Court of Appeals, Seventh Circuit.
BAUER, Chief Judge.
More than a decade ago, Ralph Anderson filed a claim to collect "black lung" benefits pursuant to 30 U.S.C. §§ 901-945 because he allegedly suffers from coal miners pneumoconiosis. An Administrative Law Judge (ALJ) reviewed Anderson's claim and found that Anderson was totally disabled due to pneumoconiosis because he displayed symptoms that triggered a presumption of total disability. Freeman Coal Mining Company was unable to rebut this...
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