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CONSOLIDATION COAL CO. v. DIRECTOR

No. 11-3637.

721 F.3d 789 (2013)

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

United States Court of Appeals, Seventh Circuit.

Decided June 27, 2013.

Attorney(s) appearing for the Case

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

Sean G. Bajkowski , Maia S. Fisher (argued), Department of Labor, Washington, DC, Tara L. Dahl , Darrell Dunham & Associates, Carbondale, IL, for Respondents.

Before EASTERBROOK, Chief Judge, and CUDAHY and KANNE, Circuit Judges.

CUDAHY, Circuit Judge.

This is a case about a black lung benefits claim. The main issue is the application of the recently revived "15-year presumption" that the total pulmonary or respiratory impairment of a coal worker with 15 years experience in the mines is due to pneumoconiosis (commonly known as "black lung") for the purposes of the Black Lung Benefits Act (the Act). 30 U.S.C. §§ 901 et seq.

The Act was enacted in 1972 as an amendment to the...

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