Legal Opinion

Peabody Coal Co. v. Spese

Court of Appeals for the Seventh Circuit

Decided August 29, 1996No. Nos. 95-1687, 95-1709PublishedCited by 3 opinions

1Opinion of the Court

ESCHBACH, Circuit Judge.

On April 1,-1976, John Spese, a miner, filed an application for benefits (“Claim I”) under Part C of the Black Lung Benefits Act, 30 U.S.C. §§ 901945. The Department of Labor (“DOL”) reviewed evidence under the 1977 Black Lung Benefits Reform Act standards (that is, the' 20 C.F.R. Part 727 regulations) and administratively denied the claim on April 30, 1979. DOL found that John Spese had established neither (1) the existence of pneumoconiosis arising out of coal mine employment nor (2) total disability due to pneumoconiosis.

DOL advised Spese that he had sixty days to…

2Cases cited7 opinions

  1. Sahara Coal Company v. Office of Workers' Compensation Programs, United States Department of Labor and Floyd McNewCourt of Appeals for the Seventh Circuit · 1991
  2. Sharondale Corp. v. RossCourt of Appeals for the Sixth Circuit · 1994
  3. Lisa Lee Mines (Terrilynne Coal Company) v. Director, Office of Workers' Compensation Programs, United States Department of Labor Alva RutterCourt of Appeals for the Fourth Circuit · 1996
  4. Labelle Processing Company v. John Swarrow and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1996
  5. Old Ben Coal Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and Lowell MitchellCourt of Appeals for the Seventh Circuit · 1995

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

3Cited by3 opinions

  1. Peabody Coal Co. v. SpeseCourt of Appeals for the Seventh Circuit · 1997
  2. Peabody Coal Company v. SpeseCourt of Appeals for the Seventh Circuit · 1997
  3. Peabody Coal Company v. SpeseCourt of Appeals for the Seventh Circuit · 1996

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API