DALTON v. OFFICE OF WORKERS' COMPENSATION PROGRAMS

No. 13-1243.

738 F.3d 779 (2013)

Michael DALTON, et al., Petitioners-Appellants, v. OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, and Frontier-Kemper Constructors, Inc., Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 20, 2013.


Attorney(s) appearing for the Case

Anne M. Davis , Attorney, Johnson, Jones, Snelling, Gilbert & Davis, Chicago, IL, for Petitioners-Appellants.

Sean G. Bajkowski , Attorney, Department of Labor, Black Lung and Longshore Legal Services Division, Rita A. Roppolo , Attorney, Department of Labor, Office of the Solicitor, Washington, DC, Mary Lou Smith , Attorney, Howe, Anderson & Steyer, Washington, DC, for Respondents-Appellees.

Before WOOD, Chief Judge, and MANION and TINDER, Circuit Judges.


WOOD, Chief Judge.

For almost 15 years William Dalton and, after his death eight years into the proceedings, his survivors have been seeking benefits under the Black Lung Benefits Act (the Act), 30 U.S.C. §§ 901-45. They may have thought that their quest was almost over when, in August 2011, an Administrative Law Judge (ALJ) ruled in favor of Mr. Dalton's children in all respects. But they would have been wrong. On appeal to the Department of Labor's Benefits...

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