Legal Opinion
Orville Kuehner v. Ziegler Coal Company and Director, Office of Workers' Compensation Programs, United States Department of Labor
Court of Appeals for the Seventh Circuit
Decided April 10, 1986No. 85-2651PublishedCited by 8 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
Orville Kuehner, born in 1911, retired in 1978 from his job as a repairman for a coal mining company. He had been employed by Ziegler Coal Co. for almost 40 years, three underground and 37 on the surface. Kuehner applied for benefits under the Black Lung Benefits Act, 30 U.S.C. § 901-45. He is entitled to benefits if he is totally disabled by pneumoconiosis.
According to the administrative law judge, x-rays establish that Kuehner has simple pneumoconiosis. This, coupled with Kuehner’s employment in a coal mine for more than 10 years, creates a presumption of total…
2Cases cited6 opinions
- 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
- Willie GARRISON, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1985
- Peabody Coal Company & Old Republic Insurance Company v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1985
- Ernest Hampton v. United States Department of Labor Benefits Review Board, Beatrice Pocahontas Coal Company, Old Republic CompaniesCourt of Appeals for the Fourth Circuit · 1982
- Bobby G. Whicker v. United States Department of Labor Benefits Review Board and Clinchfield Coal CompanyCourt of Appeals for the Fourth Circuit · 1984
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mullins Coal Co. of Va. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1988
- Amax Coal Company v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1986
- Old Ben Coal Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and Lowell MitchellCourt of Appeals for the Seventh Circuit · 1995
- Arthur Wesley Cook v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1987
- Arthur Wesley Cook v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1987
3 more not listed; retrieve them via the Exa API.