Legal Opinion
Freeman United Coal Mining Co. v. William E. Foster
Court of Appeals for the Seventh Circuit
Decided August 22, 1994No. 93-2923PublishedCited by 24 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
Is a coal miner, afflicted by non-disabling pneumoconiosis and disabled by an unrelated condition, “totally disabled due to pneumoco-niosis” within the meaning of 30 U.S.C. §§ 902(f)(1)(A) and 921? If the answer is yes, then William E. Foster receives black lung benefits — and so does a miner who loses a leg when a coal car rolls over it.
To see how a person disabled by an amputation can collect black lung benefits, it is necessary to work through a chain of definitions and regulations. Congress told the Secretary of Labor to ensure that persons totally disabled by…
2Cases cited17 opinions
- Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
- Director, Office of Workers' Compensation Programs v. Greenwich CollieriesSupreme Court of the United States · 1994
- Pauley v. BethEnergy Mines, Inc.Supreme Court of the United States · 1991
- Mullins Coal Co. of Va. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1988
- Frank Wetherill v. Director, Office of Workers' Compensation Programs, U.S. Department of LaborCourt of Appeals for the Seventh Circuit · 1987
12 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Youghiogheny & Ohio Coal Co. v. WebbCourt of Appeals for the Sixth Circuit · 1995
- Dehue Coal Company v. Laymond Ballard Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1995
- Black Radio Network, Inc. v. Nynex Corp.District Court, S.D. New York · 1999
- Peabody Coal Company and Old Republic Insurance Company v. Jane W. McCandless and Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Seventh Circuit · 2001
- Cross Mountain Coal, Inc. v. Alvin Ward Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Sixth Circuit · 1996
19 more not listed; retrieve them via the Exa API.