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OLD BEN COAL CO. v. SCOTT

No. 96-3554.

144 F.3d 1045 (1998)

OLD BEN COAL CO., Petitioner, v. Brunette SCOTT and Director, Office of Workers' Compensation Programs, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided May 13, 1998.

Attorney(s) appearing for the Case

Mark E. Solomons, Laura M. Klaus (argued), Arter & Hadden, Washington, DC, for Old Ben Coal Company.

Jeffrey S. Goldberg, Christian P. Barber, Department of Labor, Office of the Solicitor, Washington, DC, for Office of Workers' Compensation Programs.

Harold B. Culley, Jr., Culley & Wissore, Raleigh, IL, Sandra M. Fogel (argued), Culley & Wissore, Carbondale, IL, for Brunette Scott.

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

Before EASTERBROOK, RIPPLE, and EVANS, Circuit Judges.

EASTERBROOK, Circuit Judge.

William Scott retired in 1976 from his job as a coal mine manager and applied for black lung benefits. Eight years passed before a hearing was held, and by then William was dead. Although an autopsy would have shown whether he suffered from pneumoconiosis, one was not performed (or, if it was, the results were not placed in the record). Ever since, William's widow Brunette has been debating with Old Ben Coal Co., his former employer, about...

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