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DIRECTOR, OWCP, U.S. DEPT. OF LABOR v. JOURDAN

No. 91-3021.

975 F.2d 1286 (1992)

DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Petitioner, v. Ben E. JOURDAN, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided September 21, 1992.

Attorney(s) appearing for the Case

Donald S. Shire, Sol. Gen., Michael J. Denney, Edward Waldman (argued), David S. Fortney, Dept. of Labor, Office of the Sol., Washington, D.C., for petitioner.

Howard B. Eisenberg (argued), Little Rock, Ark., for respondent.

Linda M. Meekins, Ann McLaughlin, Benefits Review Bd., Dept. of Labor, Lisa L. Lahrman, Benefits Review Bd., Executive Counsel, Clerk of the Bd., Washington, D.C., for party-in-interest.

Before MANION, Circuit Judge, FAIRCHILD, and WOOD, Jr., Senior Circuit Judges.

HARLINGTON WOOD, Jr., Senior Circuit Judge.

Respondent Ben E. Jourdan was born on September 13, 1913 and worked in coal mines for thirty-two years until his retirement in 1976. He now suffers from senile dementia and resides in a nursing home. This case involves his attempts spanning a twenty year period to obtain disability benefits pursuant to the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. ("BLBA").

BACKGROUND

Jourdan initially...

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