Legal Opinion
Old Ben Coal Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and Lowell Mitchell
Court of Appeals for the Seventh Circuit
Decided August 16, 1995No. 94-2110PublishedCited by 23 opinions
1Opinion of the Court
FLAUM, Circuit Judge.
In this appeal, we review an order of the Department of Labor’s (“DOL”) Benefits Review Board (the “Board”) awarding Lowell Mitchell benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. Coal miner Mitchell applied for benefits and after a series of decisions by Administrative Law Judges (“ALJ”) and remands by the Board spanning fourteen years, the Board affirmed an award of benefits and denied Old Ben Coal Company’s motion for reconsideration. For the reasons that follow, we remand.
I
Lowell Mitchell, a coal miner for over thirty-five years, worked primarily…
2Cases cited13 opinions
- Mullins Coal Co. of Va. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1988
- Stapleton v. Westmoreland Coal Co.Court of Appeals for the Fourth Circuit · 1986
- Frank Wetherill v. Director, Office of Workers' Compensation Programs, U.S. Department of LaborCourt of Appeals for the Seventh Circuit · 1987
- Freeman United Coal Mining Company v. Office of Workers' Compensation Programs, Benefits Review Board, and Sylvia SheltonCourt of Appeals for the Seventh Circuit · 1992
- 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
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- United States v. Zoila MelgarCourt of Appeals for the Seventh Circuit · 2000
- Indiana Bell Telephone Company, Incorporated v. William D. MccartyCourt of Appeals for the Seventh Circuit · 2004
- Peabody Coal Co. v. SpeseCourt of Appeals for the Seventh Circuit · 1997
- Freeman United Coal Mining Company v. Billy R. Hilliard Benefits Review Board Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Seventh Circuit · 1995
- Peabody Coal Company v. Estate Of J.T. GoodloeCourt of Appeals for the Seventh Circuit · 2002
18 more not listed; retrieve them via the Exa API.