PEABODY COAL CO. v. DIRECTOR

No. 98-3263.

182 F.3d 637 (1999)

PEABODY COAL CO.; Old Republic Insurance Co., Petitioners, v. DIRECTOR, Office of Workers' Compensation Programs, United States Department of Labor; Mary B. Ricker; Mary D. Ricker, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided June 22, 1999.


Attorney(s) appearing for the Case

Mark E. Solomons, Washington, D.C., argued (Laura Metcoff Klaus, on the brief), for petitioners.

Jill M. Otte, Washington, D.C., argued (Henry L. Solano, Donald S. Shire, and Patricia M. Nece, on the brief), for respondents.

Before MCMILLIAN, LOKEN, and MURPHY, Circuit Judges.


MURPHY, Circuit Judge.

The statute that provides benefits to survivors of coal miners who suffered from black lung disease was amended in 1972 to define widow as including some surviving divorced wives as well as wives at the time of death. Frank Ricker was covered by the statute and when he died the Director, Office of Workers' Compensation Programs, Department of Labor (DOL), awarded full benefits to his surviving wife and to his surviving divorced wife. Ricker...

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