Legal Opinion

Junior J. Shelton v. Old Ben Coal Company and Director, Office of Workers' Compensation Programs, United States Department of Labor

Court of Appeals for the Seventh Circuit

Decided May 21, 1991No. 90-1941PublishedCited by 28 opinions

1Opinion of the Court

RIPPLE, Circuit Judge.

This is a petition by the claimant, Junior Shelton, to review a decision by the Benefits Review Board (BRB) affirming the denial of black lung benefits. Mr. Shelton is asking this court to remand this case on two grounds: 1) that the Administrative Law Judge (AU) erred in his consideration of the medical evidence by finding that there was no total disability; and 2) that the BRB erred in relying on the causation standard enunciated in Wilburn v. Director, OWCP, 11 BLR 1-135 (1988).

I

BACKGROUND

Junior Shelton worked for Old Ben Coal Company for 38 years, first as a coal…

2Cases cited14 opinions

  1. Director, Office of Workers' Compensation Programs v. Lilburn RoweCourt of Appeals for the Sixth Circuit · 1983
  2. Jesse Adams v. Director, OwcpCourt of Appeals for the Sixth Circuit · 1989
  3. Old Ben Coal Company v. Mary E. Prewitt, and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1985
  4. Carl Shelton v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Seventh Circuit · 1990
  5. Arthur Bonessa v. United States Steel Corp., and Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Party in InterestCourt of Appeals for the Third Circuit · 1989

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

3Cited by28 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. Krik v. Exxon Mobil Corp.Court of Appeals for the Seventh Circuit · 2017
  3. Sea "B" Mining Company v. Shirley AddisonCourt of Appeals for the Fourth Circuit · 2016
  4. Freeman United Coal Mining Company v. Office of Workers' Compensation ProgramCourt of Appeals for the Seventh Circuit · 1994
  5. Old Ben Coal Co. v. Warren Battram and Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Seventh Circuit · 1993

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

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