OLD BEN COAL CO. v. DIRECTOR, OWCP

No. 00-3222.

292 F.3d 533 (2002)

OLD BEN COAL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, and James E. Hilliard, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided May 31, 2002.


Attorney(s) appearing for the Case

Mark E. Solomons (Argued), Laura M. Klaus, Greenberg Traurig, Washington, DC, for Petitioner.

Timothy S. Williams (Argued), Department of Labor, Office of the Solicitor, Washington, DC, Sandra M. Fogel (Argued), Culley & Wissore, Carbondale, IL, for Respondents.

Thomas O. Shepherd, Jr., Benefits Review Board, Attn: Clerk of the Board, Washington, DC, Donald S. Shire, Department of Labor, Office of the Solicitor, Washington, DC, for Party-in-Interest.

Before RIPPLE, MANION and DIANE P. WOOD, Circuit Judges.


RIPPLE, Circuit Judge.

Old Ben Coal Company ("Old Ben") petitions this court to review a decision of the Benefits Review Board ("BRB" or "the Board") upholding an award of benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945, to the claimant, James A. Hilliard. For the reasons set forth in the following opinion, the petition is granted, and the decision of the BRB is reversed.

I

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