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PEABODY COAL CO. v. SPESE

Nos. 95-1687, 95-1709.

94 F.3d 369 (1996)

PEABODY COAL COMPANY, Petitioner-Cross-Respondent, and Old Republic Insurance Company, Petitioner, v. Anabelle SPESE, Widow of John Spese, Respondent-Cross-Petitioner, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondent-Cross-Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 29, 1996.

Attorney(s) appearing for the Case

Mark E. Solomons (argued), Laura M. Klaus, Arter & Hadden, Washington, DC, for Peabody Coal Co., Old Republic Ins. Co.

Ida Castro, Dept. of Labor, Appellate Litigation, Washington, DC, Patricia M. Nece, Cheryl Blair-Kijewski, Gary K. Stearman (argued), Dept. of Labor, Office of Solicitor, Washington, DC, for Office of Workers' Comp. Programs, U.S. Dept. of Labor.

Raymond T. Reott, Michael S. Freeman (argued), Jenner & Block, Chicago, IL, for Anabelle Spese.

Thomas O. Shepherd, Jr., Benefits Review Bd., Washington, DC, for Benefits Review Bd.

Before CUMMINGS, ESCHBACH, and DIANE P. WOOD, Circuit Judges.

ESCHBACH, Circuit Judge.

On April 1, 1976, John Spese, a miner, filed an application for benefits ("Claim I") under Part C of the Black Lung Benefits Act, 30 U.S.C. §§ 901945. The Department of Labor ("DOL") reviewed evidence under the 1977 Black Lung Benefits Reform Act standards (that is, the 20 C.F.R. Part 727 regulations) and administratively denied the claim on April 30, 1979. DOL found that John Spese had established neither (1) the existence of pneumoconiosis...

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