Legal Opinion

Sahara Coal Company v. Office of Workers' Compensation Programs, United States Department of Labor and Floyd McNew

Court of Appeals for the Seventh Circuit

Decided October 24, 1991No. 90-3660PublishedCited by 87 opinions

1Opinion of the Court

POSNER, Circuit Judge.

McNew, a former coal miner, first applied for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq., in 1980. A deputy commissioner in the Labor Department’s Office of Workers’ Compensation Programs denied McNew’s application in March of 1981. McNew had sixty days within which to request a hearing before an administrative law judge, at the end of which time his claim would be deemed abandoned unless he had either requested a hearing or submitted new evidence. 20 C.F.R. § 410(c)(1). McNew did neither. Instead he waited six months and then requested a…

2Cases cited10 opinions

  1. Pittston Coal Group v. SebbenSupreme Court of the United States · 1988
  2. Mullins Coal Co. of Va. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1988
  3. Potomac Electric Power Co. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1980
  4. L.G. CAULDER, Jr., Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1986
  5. Shendock v. Director, Office of Workers' Compensation Programs. Appeal of Stephen ShendockCourt of Appeals for the Third Circuit · 1990

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3Cited by87 opinions

  1. Mayfield v. NicholsonCourt of Appeals for the Federal Circuit · 2006
  2. David Wachira Ngarurih v. John D. Ashcroft, Attorney General of the United StatesCourt of Appeals for the Fourth Circuit · 2004
  3. Napoleon L. Keys v. Jo Anne B. Barnhart, Commissioner of Social SecurityCourt of Appeals for the Seventh Circuit · 2003
  4. Youghiogheny & Ohio Coal Co. v. WebbCourt of Appeals for the Sixth Circuit · 1995
  5. Michael Patton v. Mfs/sun Life Financial Distributors, Inc.Court of Appeals for the Seventh Circuit · 2007

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

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