SAHARA COAL CO. v. FITTS

No. 93-4005.

39 F.3d 781 (1994)

SAHARA COAL COMPANY, Petitioner, v. John B. FITTS and Director, Office of Workers' Compensation Programs, Department of Labor, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided November 8, 1994.


Attorney(s) appearing for the Case

John G. Paleudis (argued), Hanlon, Duff, Paleudis & Estadt, St. Clairsville, OH, for Sahara Coal Co.

John H. Secaras, Sol. Gen., Dept. of Labor, Chicago, IL, Donald S. Shire, Sol. Gen., Michael J. Denney, Steven D. Breeskin, Matthew P. Levin, Jeffrey S. Goldberg (argued), U.S. Dept. of Labor, Office of Sol., Washington, DC, for Director, Office of Workers' Compensation Programs.

Suzanne J. Levitt, Sandra M. Fogel (argued), S.I.U. Legal Clinic, Carbondale, IL, for John B. Fitts.

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

Before POSNER, Chief Judge, and BAUER and FLAUM, Circuit Judges.


POSNER, Chief Judge.

A coal company asks us to set aside an award of benefits under the black-lung law, 30 U.S.C. §§ 901 et seq. Fitts, the claimant, was a miner for 19 years, and also a heavy smoker. The record before the administrative law judge consisted of reports by three physicians, Drs. Rao, Houser, and Tuteur, plus x-rays and other test results on which the physicians had relied. Rao and Houser concluded that Fitts had pneumoconiosis, Tuteur...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases