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AMAX COAL CO. v. DIRECTOR OWCP DEPT. OF LABOR

No. 91-1076.

993 F.2d 600 (1993)

AMAX COAL COMPANY, Petitioner, v. DIRECTOR, OFFICE of WORKERS' COMPENSATION PROGRAMS, DEPARTMENT of LABOR, and Norma Rehmel, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided May 17, 1993.

Attorney(s) appearing for the Case

W.C. Blanton (argued), Terri A. Czajka, Ice, Miller, Donadio & Ryan, Indianapolis, IN, for Amax Coal Co.

Linda M. Meekins, Ann McLaughlin, Benefits Review Bd. Executive Counsel, Clerk of the Bd., Washington, DC, for Benefits Review Bd.

Barbara J. Johnson, Roscoe C. Bryant, III, Elizabeth Shapiro, Dorothy L. Page, Dept. of Labor, Office of Sol., Rae Ellen Frank James, Department of Labor, Black Lung Div., Louis W. Rogers, Dept. of Labor, Office of Workers' Compensation Program, Washington, DC, for Office of Workers Compensation Programs.

Jack N. VanStone, Vanstone & Associates, Evansville, IN (argued), for Norma Rehmel.

Before POSNER, COFFEY and MANION, Circuit Judges.

COFFEY, Circuit Judge.

Amax Coal Company appeals from an order directing it to pay disability benefits to a miner's widow, Norma Rehmel, under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq. Norma Rehmel's husband, Raymond, worked as a coal miner for more than eighteen years. While working at Amax, Rehmel drove a water truck and worked as a shooter, loading explosives onto a truck and helping to detonate the explosives in the coal mine. He smoked...

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