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GULLEY v. DIRECTOR, WORKERS COMPENSATION

No. 04-1427, 04-1645.

397 F.3d 535 (2005)

Evalene GULLEY, Petitioner/Cross-Respondent, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, Respondent, and Sahara Coal Trust, Respondent/Cross-Petitioner.

United States Court of Appeals, Seventh Circuit.

Decided February 8, 2005.

Attorney(s) appearing for the Case

Frederick Turner, Jr., Golconda, IL, for Petitioner.

Laura M. Klaus, Greenberg Traurig, Michelle S. Gerdano, Department of Labor, Office of the Solicitor, for Respondents.

Thomas O. Shepherd, Jr., Washington, DC, Benefits Review Board.

Evalene Gulley, Harrisburg, IL, pro se.

Before EASTERBROOK, KANNE, and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

In October of 1976, blindness forced Denzle Gulley to stop working as a coal miner for the Sahara Coal Company. In 1977 he sought to recover disability benefits for black lung disease, also known as pneumoconiosis, under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. Unfortunately, as is often the case, Gulley's petition for benefits survived him — he died in 1990. An administrative law judge (ALJ) eventually awarded...

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