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CORNETT v. BENHAM COAL, INC.

No. 99-3469.

227 F.3d 569 (2000)

Dennis CORNETT, Petitioner, v. BENHAM COAL, INC.; Kentucky Producers' Self-Insurance Fund; and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 7, 2000.

Attorney(s) appearing for the Case

Dennis Cornett (briefed), Gilley, Kentucky, Petitioner pro se.

Denise M. Davidson, Barrett, Haynes, May, Carter & Roark, Hazard, Kentucky, for Respondent Benham Coal, Inc.

H. Kent Hendrickson (briefed), Rice & Hendrickson, Harlan, Kentucky, for Respondent Kentucky Producers' Self-Insurance Fund.

Christian P. Barber (briefed), Edward Waldman (briefed), U.S. Department of Labor, Washington, D.C., for Respondent Director, Office of Workers' Compensation Programs, United States Department of Labor.

Before: MERRITT, CLAY, and CUDAHY, Circuit Judges.

OPINION

CUDAHY, Circuit Judge.

Dennis Cornett began working as a Kentucky coal miner in 1968. For the next 23-and-a-half years his work required that he crawl for eight hours, lift 35 to 40 pounds hundreds of times and carry 50 pounds a distance of 200 feet more than 100 times each day in the mines. During this period, Cornett also smoked about half-a-pack of cigarettes per day. Cornett developed pulmonary problems—coughing, wheezing, mucous production...

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