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CONSOLIDATION COAL CO. v. DIRECTOR, OWCP

No. 18-2097.

911 F.3d 824 (2018)

CONSOLIDATION COAL COMPANY, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided December 21, 2018.

Attorney(s) appearing for the Case

Cheryl L. Intravaia, Esq. , Attorney, Feirich, Mager, Green & Ryan, Carbondale, IL, for Petitioner.

Maia S. Fisher , Edward Dean Sieger , Gary Stearman , Attorneys, Department of Labor, Office of the Solicitor, Sarah Hurley , Attorney, Department of Labor, Appellate Litigation, Washington, DC, for Office of Workers' Compensation Programs, Director, United States Department of Labor.

Joseph Edward Allman , Attorney, Allman Law LLC, Indianapolis, IN, for Ralph W. Ross.

Before Flaum, Ripple, and Manion, Circuit Judges.

Ralph Ross worked as a coal miner for approximately thirty years. He smoked cigarettes for almost as long but was able to quit after his first heart attack. Ross continued to work as a coal miner even though he suffered another heart attack and had difficulty breathing at work. Approximately...

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