EIFLER v. PEABODY COAL CO.

No. 90-1924.

13 F.3d 236 (1993)

Oliver W. EIFLER, Petitioner, v. PEABODY COAL COMPANY, Old Republic Insurance Company, and Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided December 30, 1993.


Attorney(s) appearing for the Case

Thomas E. Johnson, Leslie A. Jones, Johnson, Jones & Snelling, Chicago, IL, for Oliver W. Eifler.

Oliver W. Eifler, pro se.

Donald S. Shire, Sol. Gen., Steven D. Breeskin, Rita Roppolo, Dept. of Labor, Office of the Solicitor, Washington, DC, John H. Secaras, Sol. Gen., Dept. of Labor, Chicago, IL, Sylvia T. Kaser, Melissa Reardon Henry, Dept. of Labor, Black Lung Div., Washington, DC, for Office of Workers' Compensation Programs.

Carla Chapman, Ann McLaughlin, Benefits Review Bd., Executive Counsel, Clerk of the Bd., Washington, DC, for Benefits Review Bd.

W.C. Blanton, Terri A. Czajka, Ice, Miller, Donadio & Ryan, Indianapolis, IN, for Peabody Coal Co. and Old Republic Ins. Co.

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


POSNER, Chief Judge.

This sequel to our decision in Eifler v. Office of Workers' Compensation Programs, 926 F.2d 663 (7th Cir.1991), raises interesting questions about the procedures for obtaining attorneys' fees under the Longshoremen's and Harbor Workers' Compensation Act and the Black Lung Benefits Act. The former statute provides that if compensation is awarded, the applicant's attorney shall be entitled to "a reasonable...

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