Legal Opinion

Peabody Coal Company & Old Republic Insurance Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor

Court of Appeals for the Seventh Circuit

Decided December 2, 1985No. 84-1167PublishedCited by 44 opinions

1Opinion of the Court

ESCHBACH, Circuit Judge.

Peabody Coal Company (“Peabody”) petitions this court for review of a grant of benefits to Harry Huber, a coal haulage truck driver, under the Black Lung Benefits Act (“Act”) (Title IV of the Federal Coal Mine Health and Safety Act) codified as amended at 30 U.S.C. §§ 901-960. In support of its petition, Peabody advances three arguments: (1) the Secretary of Labor (“Secretary”) exceeded his statutory authority in promulgating the presumptive disability regulations found at 20 C.F.R. § 727.203(a) (1985); (2) the administrative law judge’s (“AU”) finding that Peabody…

2Cases cited12 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
  3. Chemical Manufacturers Ass'n v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1985
  4. Director, Office of Workers' Compensation Programs v. Lilburn RoweCourt of Appeals for the Sixth Circuit · 1983
  5. Old Ben Coal Company v. Mary E. Prewitt, and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1985

7 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Frank Wetherill v. Director, Office of Workers' Compensation Programs, U.S. Department of LaborCourt of Appeals for the Seventh Circuit · 1987
  2. Kertesz v. Crescent Hills Coal Co.Court of Appeals for the Third Circuit · 1986
  3. Arch Mineral Corporation v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1986
  4. Old Ben Coal Company v. Elmer H. Luker and the Director, Office of Workers' Compensation Programs, and United States Department of LaborCourt of Appeals for the Seventh Circuit · 1987
  5. Peabody Coal Company and Old Republic Insurance Company v. Lessie L. Helms and Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Seventh Circuit · 1988

39 more not listed; retrieve them via the Exa API.

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