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CONSOLIDATION COAL v. DIRECTOR, OFFICE OF WORKERS

No. 12-1330.

732 F.3d 723 (2013)

CONSOLIDATION COAL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS and James Burris, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided October 8, 2013.

Attorney(s) appearing for the Case

Cheryl L. Intravaia , Attorney, Jennifer M. Wagner , Attorney, Feirich, Mager, Green & Ryan, Carbondale, IL, for Petitioner.

Ann Marie Scarpino , Attorney, Gary Stearman , Attorney, Department of Labor Office of the Solicitor, Washington, DC, Sandra M. Fogel , Attorney, Culley & Wissore, Carbondale, IL, for Respondents.

Before EASTERBROOK, ROVNER, and HAMILTON, Circuit Judges.

ROVNER, Circuit Judge.

James Burris worked in various capacities in coal mines for twenty-three years. He twice sought benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. ("the Act"), abandoning his first claim in 2001, and then pursuing a second claim in 2006. Following a hearing for the second claim, an Administrative Law Judge ("ALJ") determined that Burris was totally disabled by pneumoconiosis arising from his coal mining employment...

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