Legal Opinion

Old Ben Coal Company v. Elmer H. Luker and the Director, Office of Workers' Compensation Programs, and United States Department of Labor

Court of Appeals for the Seventh Circuit

Decided November 4, 1987No. 86-1420PublishedCited by 54 opinions

1Opinion of the Court

CUDAHY, Circuit Judge.

This is a petition for review of a final order of the Benefits Review Board (the “Board”), United States Department of Labor, awarding benefits under the Black Lung Benefits Act (the “Act”), 30 U.S.C. § 901 et seq. The Board affirmed the decision of the Administrative Law Judge (the “AU”) awarding benefits to Elmer Luker. The Board also denied a motion of Old Ben Coal Company (“Old Ben”) seeking dismissal as the operator responsible for paying Luker’s benefit and a shift in responsibility for payment to the Black Lung Disability Trust Fund (the “Trust Fund”). Old Ben…

2Cases cited15 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  3. Udall v. TallmanSupreme Court of the United States · 1965
  4. United States v. Chemical Foundation, Inc.Supreme Court of the United States · 1926
  5. Hagner v. United StatesSupreme Court of the United States · 1932

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3Cited by54 opinions

  1. Director, Office of Workers' Compensation Programs, United States Department of Labor v. Quarto Mining Company Elba F. BellomyCourt of Appeals for the Sixth Circuit · 1990
  2. Glen Coal Co. v. SealsCourt of Appeals for the Sixth Circuit · 1998
  3. Old Ben Coal Co. v. Warren Battram and Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Seventh Circuit · 1993
  4. Peabody Coal Company and Old Republic Insurance Company v. Lessie L. Helms and Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Seventh Circuit · 1988
  5. Smith v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Seventh Circuit · 1988

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

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