Legal Opinion
Peabody Coal Company and Old Republic Insurance Company v. Jane W. McCandless and Director, Office of Workers' Compensation Programs
Court of Appeals for the Seventh Circuit
Decided June 29, 2001No. 00-1449, 00-2788, 95-3291PublishedCited by 33 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
When he died of heart failure in 1991 at the age of 60, Elwood McCandless was afflicted with cancer and emphysema in addition to his cardiac and circulatory diseases. Elwood’s widow, Jane, contends that he also was disabled by coal workers’ pneumoconiosis as a result of more than 25 years’ exposure to dust in the mines. Many x-rays taken over the last decade of Elwood’s life revealed little evidence of black lung disease. But an autopsy is the best way to obtain information that will decide the question, see Peabody Coal Co. v. Director, OWCP, 972 F.2d 178, 182 (7th…
2Cases cited20 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
- General Electric Co. v. JoinerSupreme Court of the United States · 1997
- City of Burlington v. DagueSupreme Court of the United States · 1992
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3Cited by33 opinions
- Patrick W. Donahue v. Jo Anne B. Barnhart, Commissioner of Social SecurityCourt of Appeals for the Seventh Circuit · 2002
- National Mining Ass'n v. Department of LaborCourt of Appeals for the D.C. Circuit · 2002
- Eastover Mining Co. v. Dorothy S. Williams and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Sixth Circuit · 2003
- Freeman United Coal Mining Co. v. Herman E. SummersCourt of Appeals for the Seventh Circuit · 2001
- Westmoreland Coal Co. v. CoxCourt of Appeals for the Fourth Circuit · 2010
28 more not listed; retrieve them via the Exa API.