Paul F. BRACHER and Leroy Elzer, Petitioners,
v.
DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.
United States Court of Appeals, Seventh Circuit.https://leagle.com/images/logo.png
Submitted September 15, 1993.
Decided January 19, 1994.
Attorney(s) appearing for the Case
David O. Kelley, Boonville, IN, for Paul F. Bracher in No. 92-2141.
Eileen M. McCarthy, Allen H. Feldman, Dept. of Labor, Appellate Litigation, Michael J. Denney, Steven D. Breeskin, Elizabeth Hopkins, Roger Pitcarin, Nathaniel I. Spiller, Dept. of Labor, Office of the Solicitor, Louis W. Rogers, Dept. of Labor, Office of Workers' Compensation Program, Washington, DC, for Office of Workers' Compensation Programs in No. 92-2141.
Roger Pitcarin, Nathaniel I. Spiller, Dept. of Labor, Office of the Solicitor, Louis W. Rogers, Dept. of Labor, Office of Workers' Compensation Program, Lisa L. Lahrman, Benefits Review Bd., Executive Counsel, Clerk of the Board, Washington, DC, for Benefits Review Bd. in No. 92-2141.
David O. Kelley, Boonville, IN, for Leroy Elzer in No. 92-2187.
Eileen M. McCarthy, Allen H. Feldman, Dept. of Labor, Appellate Litigation, Barbara J. Johnson, Elizabeth Hopkins, Nathaniel I. Spiller, Dept. of Labor, Office of the Solicitor, Louis W. Rogers, Dept. of Labor, Office of Workers' Compensation Program, Washington, DC, for Office of Workers' Compensation Programs in No. 92-2187.
Lisa L. Lahrman, Benefits Review Bd., Executive Counsel, Clerk of the Board, Washington, DC, for Benefits Review Board in No. 92-2187.
Before CUDAHY, RIPPLE, and ROVNER, Circuit Judges.
United States Court of Appeals, Seventh Circuit.
CUDAHY, Circuit Judge.
Paul Bracher and Leroy Elzer are retired coal miners who filed separate claims for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945 (1986). After an initial determination of eligibility, both received benefits. In subsequent appeals, however, they were found ineligible, and the Director of the Office of Workers' Compensation Programs (OWCP) in the Department of Labor sought to recover the benefits paid. Bracher and...
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