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PEABODY COAL CO. v. SPESE

Nos. 95-1687, 95-1709.

117 F.3d 1001 (1997)

PEABODY COAL COMPANY, Petitioner, Cross-Respondent, and Old Republic Insurance Company, Petitioner, v. Annabelle 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 June 27, 1997.

Attorney(s) appearing for the Case

Mark E. Solomons (argued), Laura M. Klaus, Arter & Hadden, Washington, DC, for Peabody Coal Company, Old Republic Insurance Company in No. 95-1687.

Ida Castro, Department of Labor, Appellate Litigation, Washington, DC, Patricia M. Nece, Cheryl Blair-Kijewski, Gary K. Stearman (argued), Department of Labor, Office of the Solicitor, Washington, DC, for Office of Workers' Compensation Programs, United States Department of Labor.

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

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

Mark E. Solomons (argued), Laura M. Klaus, Arter & Hadden, Washington, DC, for Peabody Coal Company in No. 95-1709.

Before POSNER, Chief Judge, and CUMMINGS, COFFEY, FLAUM, EASTERBROOK, RIPPLE, MANION, KANNE, ROVNER, DIANE P. WOOD and EVANS, Circuit Judges.

Reargued en banc December 18, 1996.

DIANE P. WOOD, Circuit Judge.

Coal miners seeking benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945, often file an initial application that is unsuccessful and then try again some years later. In this case, we consider what evidence a miner must produce to win the right to proceed on his second or subsequent claim. In so doing, we discuss the scope of our...

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