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R&H STEEL BLDGS. v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAM

No. 97-3409.

146 F.3d 514 (1998)

R&H STEEL BUILDINGS, INC., Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR; and Robin Irvin, daughter of Rudolph and Betty Seibert (deceased), Respondents.

United States Court of Appeals, Seventh Circuit.

Decided June 16, 1998.

Attorney(s) appearing for the Case

Timothy J. Parsons (argued), Gorsuch Kirgis L.L.C., Denver, CO, for Petitioner.

Shelby Hallmark, Department of Labor, Office of Workers' Compensation Programs, Washington, DC, Edward Waldman (argued), Christian P. Barber, Department of Labor, Office of the Solicitor, Washington, DC, for Respondent Office of Workers' Compensation Programs.

Sandra M. Fogel (argued), Culley & Wissore, Carbondale, IL, for Respondent Seibert.

Thomas O. Shepherd, Jr., Benefits Review Board, Washington, DC, for Party-In-Interest Benefits Review Board.

Before BAUER, FLAUM, and EVANS, Circuit Judges.

EVANS, Circuit Judge.

R & H Steel Buildings, Inc. performs construction work at coal mine sites. For that reason, even though it is not a coal mining company it can, under certain circumstances, be held responsible for paying benefits for its employees under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. In this case the Benefits Review Board of the Department of Labor found that R & H was, in fact, responsible for reimbursement of benefits...

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