PEABODY COAL CO. v. DIRECTOR, OFFICE OF WORKERS COMP.

No. 93-2597.

40 F.3d 906 (1994)

PEABODY COAL COMPANY and Old Republic Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided November 21, 1994.

As Amended November 22, 1994.


Attorney(s) appearing for the Case

Mark E. Solomons (argued), William E. Berlin, Arter & Hadden, Washington, DC, for Peabody Coal Co. and Old Republic Ins. Co.

Michael J. Denney, Deborah E. Mayer (argued), U.S. Dept. of Labor, Office of Sol., Washington, DC, for Director Office of Workers Compensation Programs.

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

Before FAIRCHILD, CUMMINGS, and BAUER, Circuit Judges.


FAIRCHILD, Circuit Judge.

Peabody Coal Company ("Peabody") and its insurance carrier, Old Republic Insurance Company ("Old Republic"), petition this court for review of a final decision of the United States Department of Labor Benefits Review Board ("the Board"). We deny the petition and affirm the Board's decision.

I.

The Federal Coal Mine Health and Safety Act of 1969, in addition to providing health and safety standards for coal mines, established...

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