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PEABODY COAL v. DIRECTOR, OFFICE OF WORK. COMP.

No. 97-3721.

165 F.3d 1126 (1999)

PEABODY COAL COMPANY and Old Republic Insurance Company, Petitioners, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor; and Joan Durbin, as widow of Ronald Durbin, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided January 20, 1999.

Attorney(s) appearing for the Case

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

Michelle S. Gerdano, Dept. of Labor, Appellate Litigation, Jeffrey S. Goldberg, Christian P. Barber, Dept. of Labor, Office of Solicitor, Washington, DC, for Respondent Office of Workers' Compensation Programs.

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

Before POSNER, Chief Judge, and BAUER and WOOD, Jr., Circuit Judges.

POSNER, Chief Judge.

Peabody Coal challenges the award of black lung benefits in a typically protracted case that began when Ronald Durbin applied for benefits in 1975 (shortly after he had retired following a heart attack) and that has outlived him. We can skip over the intermediate proceedings and come directly to the administrative law judge's opinion of June 1994, awarding the benefits to Durbin's widow. The administrative law judge invoked the invalid "true doubt...

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