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BAILEY v. DIR., OFFICE OF WORKERS' COMP. PROGRAMS

No. 20-1075.

990 F.3d 1066 (2021)

Nancy BAILEY, on behalf of Charles Bailey, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, United States Department of Labor, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided March 11, 2021.

Attorney(s) appearing for the Case

Thomas E. Johnson , Attorney, Johnson, Jones, Snelling, Gilbert & Davis, Robert Seer , Attorney, Ellis Legal P.C., Chicago, IL, for Petitioner.

Sean G. Bajkowski , Attorney, Department of Labor, Black Lung and Longshore Legal Services Division, Washington, DC, Maia S. Fisher , Attorney, Jeffrey Steven Goldberg , Attorney, Department of Labor, Office of the Solicitor, Washington, DC, Edward Dean Sieger , Attorney, Edward D. Sieger, ESQ. , Arlington, VA, for Respondent.

Before Wood, Brennan, and St. Eve, Circuit Judges.

Petitioner Nancy Bailey filed this petition for review to contest the Department of Labor Benefit Review Board's (the "Board") decision affirming an offset to her husband's federal-benefits award. Charles Bailey, a former coal miner, qualified for disability benefits under the Black Lung Benefits Act (the "Act"). The Office...

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