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FREEMAN UNITED COAL MIN. CO. v. FOSTER

No. 93-2923.

30 F.3d 834 (1994)

FREEMAN UNITED COAL MINING CO., Petitioner, v. William E. FOSTER, et al., Respondents.

United States Court of Appeals, Seventh Circuit.

Decided July 18, 1994.

Rehearing and Suggestion for Rehearing Denied August 22, 1994.

Attorney(s) appearing for the Case

Kathryn S. Matkov (argued), Brian M. Shierin, Gould & Ratner, Chicago, IL, for Freeman United Coal Min. Co.

Roscoe C. Bryant, III, Lawrence W. Rogers, Steven D. Breeskin, Jeffrey S. Goldberg, Patricia M. Nece, U.S. Dept. of Labor, Office of Sol., Washington, DC, for Office of Workers Compensation Programs.

Harold B. Culley, Jr., Raleigh, IL (argued), for William E. Foster.

Donald S. Shire, Sol. Gen., Department of Labor, Office of Sol., Lisa L. Lahrman, Benefits Review Bd. Executive Counsel, Clerk of Bd., Washington, DC, for Benefits Review Bd.

Before POSNER, Chief Judge, and ESCHBACH and EASTERBROOK, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied August 22, 1994.

EASTERBROOK, Circuit Judge.

Is a coal miner, afflicted by non-disabling pneumoconiosis and disabled by an unrelated condition, "totally disabled due to pneumoconiosis" within the meaning of 30 U.S.C. §§ 902(f)(1)(A) and 921? If the answer is yes, then William E. Foster receives black lung benefits — and so does a miner who loses a leg when a coal car rolls over it.

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