Legal Opinion

Amax Coal Company v. James L. Franklin and Director, Office of Workers' Compensation Programs, United States Department of Labor

Court of Appeals for the Seventh Circuit

Decided February 24, 1992No. 90-2095PublishedCited by 39 opinions

1Opinion of the Court

POSNER, Circuit Judge.

A coal company appeals from an order directing it to pay disability benefits to a miner, James Franklin, under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq. Franklin’s claim had at first been turned down by the agency and he had not pursued his administrative remedies; but within a year he requested that the proceeding be reopened, and eventually his request was granted and benefits awarded. The coal company challenges both the propriety of reopening the claim and the miner’s substantive entitlement to benefits. As so often in black lung cases, the processing of…

2Cases cited16 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Immigration & Naturalization Service v. AbuduSupreme Court of the United States · 1988
  3. In the Matter of Gladys E. Shondel, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1991
  4. Jiri Mucha v. Charles KingCourt of Appeals for the Seventh Circuit · 1986
  5. Leonard McKNIGHT, Plaintiff-Appellant, v. UNITED STATES STEEL CORPORATION, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1984

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

3Cited by39 opinions

  1. Kenneth Scrogham v. Carolyn ColvinCourt of Appeals for the Seventh Circuit · 2014
  2. Kathryn K. GROVES, Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1998
  3. Freeman United Coal Mining Company v. Office of Workers' Compensation ProgramCourt of Appeals for the Seventh Circuit · 1994
  4. Mary Lango, Widow of Andrew F. Lango v. Director, Office of Workers' Compensation Programs, Respondent/party-In-InterestCourt of Appeals for the Third Circuit · 1997
  5. Jon P. Dray v. Railroad Retirement BoardCourt of Appeals for the Seventh Circuit · 1993

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

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