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ZEIGLER COAL CO. v. OWCP

No. 93-1131.

23 F.3d 1235 (1994)

ZEIGLER COAL COMPANY, Petitioner, v. OFFICE OF WORKERS' COMPENSATION PROGRAMS and Frank Lemon, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided May 11, 1994.

Rehearing and Suggestion for Rehearing Denied August 5, 1994.

Attorney(s) appearing for the Case

Mark E. Solomons (argued), Laura M. Klaus, Arter & Hadden, Washington, DC, for petitioner.

Donald S. Shire, Sol. Gen., Marta Kusic, C. William Mangum (argued), Christian P. Barber, Dept. of Labor, Office of the Sol., Washington, DC, for Office of Workers Compensation Programs.

Rebecca J. O'Neill (argued), Southern Illinois University School of Law, Carbondale, IL, for Frank Lemon.

Lisa L. Lahrman, Benefits Review Bd., Executive Counsel, Clerk of the Bd., Washington, DC, for Benefits Review Bd.

Before COFFEY, FLAUM and MANION, Circuit Judges.

Rehearing and Suggestion for Rehearing In Banc Denied August 5, 1994.

COFFEY, Circuit Judge.

The Zeigler Coal Company ("Zeigler") appeals from a decision by the Benefits Review Board ("Board") affirming the Administrative Law Judge's ("ALJ") award of Black Lung Benefits to respondent Frank Lemon ("Lemon"). We reverse and remand for further findings.

I. Background

Lemon worked more than 40 years as a coal miner before retiring in January of...

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