KILLMAN v. DIRECTOR, WORKERS COMP. PROGRAMS

No. 04-2506.

415 F.3d 716 (2005)

William T. KILLMAN, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, and Sahara Coal Trust, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided July 19, 2005.


Attorney(s) appearing for the Case

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

Mark E. Solomons, Laura M. Klaus (argued), Greenberg Traurig, Barry H. Joyner, Department of Labor, Office of the Solicitor, Washington, DC, for Respondents.

Before POSNER, MANION, and WOOD, Circuit Judges.


WOOD, Circuit Judge.

William Killman worked for twenty-three years for the Sahara Coal Company (Sahara), eventually rising to the position of foreman. He retired from mining at the end of September, 1984; about six months later, he began his quest for black lung disability benefits under the Black Lung Benefits Act. After several hearings, appeals to the Benefits Review Board ("the Board"), remands, and rehearings, an ALJ ultimately denied benefits and the Board affirmed...

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