1. Home
  2. Browse Decisions
  3. F.2d
  4. 972 F.2d
  5. 972 F.2d 880 (1992)
 

PEABODY COAL v. DIR., OFFICE OF WKR'S COMP.

No. 90-3776.

972 F.2d 880 (1992)

PEABODY COAL CO. & OLD REPUBLIC INSURANCE CO., Petitioner-Appellant, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR, & WOODROW BRINKLEY, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 28, 1992.

Order on Denial of Rehearing October 21, 1992.

Attorney(s) appearing for the Case

Mark E. Solomons (argued), Arter & Hadden, Washington, D.C., for petitioners.

Barbara J. Johnson, Donald S. Shire, Sol. Gen., Lawrence W. Rogers, C. William Mangum, Department of Labor, Office of the Sol., Washington, D.C., and Harold B. Culley, Jr. (argued), Raleigh, Ill., for respondents.

Carla Chapman and Ann McLaughlin, Benefits Review Bd., Dept. of Labor, Washington, D.C., for party-in-interest.

Before COFFEY and EASTERBROOK, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.

FAIRCHILD, Senior Circuit Judge.

An Administrative Law Judge awarded benefits to Woodrow Brinkley under Title IV of the Federal Coal Mine Health and Safety Act of 1969 (the Black Lung Benefits Act), 30 U.S.C. § 901 et seq. The Benefits Review Board affirmed, and Brinkley's employer, Peabody Coal, petitioned for review.

The ALJ invoked the interim presumption of 20 C.F.R. § 727.203(a)(2) on the basis of three pulmonary function tests which...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases