Legal Opinion
Freeman United Coal Mining Company v. Office of Workers' Compensation Programs, Benefits Review Board, and Sylvia Shelton
Court of Appeals for the Seventh Circuit
Decided February 18, 1992No. 90-1437PublishedCited by 49 opinions
1Opinion of the Court
POSNER, Circuit Judge.
A coal company appeals from an order to pay benefits to a miner’s widow under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq. Because her husband had been a miner for at least 10 years — in fact for 25 years — he was entitled, upon proof by an accepted method that he had a chronic respiratory disease, to a presumption that the disease was pneumoconiosis, that is, black lung disease. 20 C.F.R. § 727.203(a)(2). The burden then shifted to the coal company to prove, if it could, that the miner didn’t have pneumoconiosis. 20 C.F.R. § 727.203(b)(4). (There are other ways…
2Cases cited12 opinions
- Pauley v. BethEnergy Mines, Inc.Supreme Court of the United States · 1991
- Woelke & Romero Framing, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1982
- Kenneth M. Zelazny v. Richard Lyng, Secretary of AgricultureCourt of Appeals for the Seventh Circuit · 1988
- Arch Mineral Corporation v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1986
- Leroy Thomas, Jr. v. State of IndianaCourt of Appeals for the Seventh Circuit · 1990
7 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Sharon Karibian v. Columbia University, John Borden, Defendants-Cross-Claimants-Appellees v. Mark Urban, Defendant-Cross-Defendant-AppelleeCourt of Appeals for the Second Circuit · 1994
- John F. Wroblewski v. City of WashburnCourt of Appeals for the Seventh Circuit · 1992
- Rodney Wayne Spath v. Hayes Wheels International-Indiana, IncorporatedCourt of Appeals for the Seventh Circuit · 2000
- Kenneth D. Colburn, Jr. And Robert M. Khoury v. Trustees of Indiana University, Glenn W. Irwin, Jr., Howard G. SchallerCourt of Appeals for the Seventh Circuit · 1992
- Patricia Burdett v. Robert S. MillerCourt of Appeals for the Seventh Circuit · 1992
44 more not listed; retrieve them via the Exa API.