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CONSOLIDATION COAL v. OFFICE OF WORKERS' COMP.

No. 94-2525.

54 F.3d 434 (1995)

CONSOLIDATION COAL COMPANY, Petitioner, v. OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, and Leroy H. Sisson, Claimant, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided May 15, 1995.

Attorney(s) appearing for the Case

Kathryn S. Matkov (argued), Gould & Ratner, Chicago, IL, for petitioner.

Lawrence W. Rogers, Steven D. Breeskin, Christian P. Barber, Alan G. Paez, Barry H. Joyner, Dept. of Labor, Office of the Sol., Washington, DC, and Sandra M. Fogel (argued), S.I.U. Legal Clinic, Carbondale, IL, for respondents.

Paul E. Trayers, Benefits Review Bd., Executive Counsel, Clerk of the Bd. and Donald S. Shire, Dept. of Labor, Office of the Sol., Washington, DC, for party-in-interest.

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

CUMMINGS, Circuit Judge.

Consolidation Coal Company (Consolidation or Employer) petitions this court for review of a final decision of the Benefits Review Board (Board) granting benefits to Leroy Sisson under the Black Lung Benefits Act (the Act), 30 U.S.C. §§ 901 et seq. We grant the petition for review and remand.

I. FACTS

Leroy Sisson worked as a coal miner for over 27 years, until 1984. From April of 1987 until October of 1989...

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