CONSOLIDATION COAL CO. v. DIRECTOR, OWCP

No. 07-1884.

521 F.3d 723 (2008)

CONSOLIDATION COAL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, and Donald E. Beeler, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided April 3, 2008.


Attorney(s) appearing for the Case

Michael F. Dahlen, Cheryl L. Intravaia (argued), Feirich, Mager, Green & Ryan, Carbondale, IL, for Petitioner.

Sandra M. Fogel (argued), Culley & Wissore, Carbondale, IL, Donald S. Shire, Michelle S. Gerdano, Department of Labor, Office of the Solicitor, Washington, DC, for Respondents.

Thomas O. Shepherd, Jr., Benefits Review Board, Attn: Clerk of the Board, Washington, DC, for Party-in-Interest.

Before EASTERBROOK, Chief Judge, and FLAUM and EVANS, Circuit Judges.


FLAUM, Circuit Judge.

Donald Beeler is a 76-year-old ex-smoker who spent a substantial portion of his career working in mines. After being diagnosed with lung disease, he applied for benefits under the Black Lung Benefits Act. An Administrative Law Judge ("ALJ") reversed an earlier decision by the Department of Labor and awarded Beeler benefits under the Act. The ALJ weighed conflicting medical evidence and concluded that Beeler's lung disease arose, in part, from...

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