Legal Opinion
Peabody Coal Co. v. Helms
Court of Appeals for the Seventh Circuit
Decided April 19, 1990No. 88-2882PublishedCited by 15 opinions
1Opinion of the Court
POSNER, Circuit Judge.
This is a petition by a coal company to review an award of black lung benefits to one of its employees, Earl Helms. 33 U.S.C. § 932(a). The company concedes that there was enough evidence of black lung disease to satisfy the presumption of total disability in 20 C.F.R. § 727.203(a), on which see Cook v. Director, 816 F.2d 1182 (7th Cir.1987), but argues that it rebutted the presumption, as the regulations allow it to do, by showing that Helms was not in fact totally disabled from performing his usual coal mine work. 20 C.F.R. §§ 727.-203(b)(2), (3).
Helms was a fireman in…
2Cases cited7 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- Wendell L. Stephens, Sr. v. Margaret Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1985
- Duane E. Cummins v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1982
- Willie GARRISON, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1985
- Donald P. DeFRANCESCO, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1989
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Sterling Smokeless Coal Company v. Tammy Akers Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1997
- Amax Coal Company v. James L. Franklin and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1992
- Amax Coal Company v. Ruby Beasley, Widow of Robert v. Beasley, and Director, Office of Workers' Compensation Programs, U.S. Department of LaborCourt of Appeals for the Seventh Circuit · 1992
- Grindle v. SullivanDistrict Court, N.D. Illinois · 1991
- Consolidation Coal Company v. Office of Workers' Compensation Programs, United States Department of Labor, and Leroy H. SissonCourt of Appeals for the Seventh Circuit · 1995
10 more not listed; retrieve them via the Exa API.