MIDLAND COAL CO. v. DIRECTOR, OWCP

No. 96-3564.

120 F.3d 64 (1997)

MIDLAND COAL COMPANY and Old Republic Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, and Dorothy Kelly, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided July 17, 1997.


Attorney(s) appearing for the Case

Mark E. Solomons, Laura M. Klaus (argued), Arter & Hadden, Washington, DC, for petitioners.

Jennifer U. Toth (argued), Department of Labor, Appellate Division, Christian P. Barber, Department of Labor, Office of the Solicitor, Washington, DC, for respondent Office of Workers' Compensation Programs.

Ronald Henson, Christopher Henson (argued), Mustain, Lindstrom & Henson, Galesburg, IL, for respondent Dorothy Kelly.

Thomas O. Shepherd, Jr., Donald S. Shire, Department of Labor, Office of the Solicitor, Washington, DC, for Benefits Review Board.

Before CUMMINGS, KANNE and ROVNER, Circuit Judges.


CUMMINGS, Circuit Judge.

James P. Kelly, then a Midland Coal Company employee, was an Illinois coal miner for some 33 years when he filed an application for pneumoconiosis benefits with the Department of Labor under the Black Lung Benefits Act (30 U.S.C. §§ 901-945) on July 13, 1976. On August 7, 1980, the district director notified Kelly that his claim was being adjudicated under the 1977 amendments to the Act. The district director denied the claim on...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases