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LIVERMORE v. AMAX COAL CO.

No. 01-3986.

297 F.3d 668 (2002)

Maxine LIVERMORE, Petitioner, v. AMAX COAL COMPANY, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided July 25, 2002.

Attorney(s) appearing for the Case

Angela L. Hamm, Paul Rauch (argued), Harrison & Moberly, Indianapolis, IN, for Petitioner.

Mark E. Solomons, Laura M. Klaus (argued), Greenberg Traurig, Washington, DC, Thomas O. Shepherd, Jr., Benefits Review Bd., Washington, DC, Timothy S. Williams, Dept. of Labor, Office of Sol., Washington, DC, for Respondents.

Before: FLAUM, Chief Judge, BAUER and RIPPLE, Circuit Judges.

BAUER, Circuit Judge.

Maxine Livermore, widow of deceased coal miner Billy Livermore, sought federal black lung benefits pursuant to the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. A district director from the Office of Workers' Compensation Programs of the Department of Labor denied the claim for benefits. Maxine Livermore then requested an administrative hearing. An administrative law judge (ALJ), after reviewing the evidence, found that Billy Livermore...

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