Legal Opinion

Underhill v. Peabody Coal Co.

Court of Appeals for the Seventh Circuit

Decided August 27, 1982No. Nos. 81-2285, 81-2290 and 81-2393PublishedCited by 56 opinions

1Opinion of the Court

BAUER, Circuit Judge.

Louis E. Underhill filed a black lung benefits claim on May 25, 1977. The Office of Workers’ Compensation Programs approved his claim on October 16, 1978, and notified Peabody Coal Company (Peabody), the responsible coal mine operator. After Peabody disputed the findings supporting Underhill’s benefits claim, an administrative law judge (AU) reviewed the matter and upheld Underhill’s award. The ALJ ruled that Underhill suffered from totally disabling pneumoconiosis because the results of Underhill’s pulmonary function tests fell below the minimum level set by 20 C.F.R. §…

2Cases cited5 opinions

  1. Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
  2. Claude R. Ansel v. Caspar Weinberger, Secretary of Health, Education and Welfare, DefendantCourt of Appeals for the Sixth Circuit · 1976
  3. Peabody Coal Co. v. Benefits Review BoardCourt of Appeals for the Seventh Circuit · 1977
  4. Thomas Kirschner v. Paul Broadhead, James B. Brumfield, and John Robinson, M.D.Court of Appeals for the Seventh Circuit · 1982
  5. United States Steel Corporation v. Frank Gray and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fifth Circuit · 1979

3Cited by56 opinions

  1. Frank Wetherill v. Director, Office of Workers' Compensation Programs, U.S. Department of LaborCourt of Appeals for the Seventh Circuit · 1987
  2. Arch Mineral Corporation v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1986
  3. Alabama By-Products Corporation v. Charles B. Killingsworth, and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Eleventh Circuit · 1984
  4. Peabody Coal Company & Old Republic Insurance Company v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1985
  5. Melvin Welch v. Benefits Review Board Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Sixth Circuit · 1986

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