Legal Opinion

Director, Office of Workers' Compensation Programs, United States Department of Labor v. Peabody Coal Company and Earl Sisk

Court of Appeals for the Seventh Circuit

Decided March 4, 1988No. 87-1239PublishedCited by 11 opinions

1Opinion of the Court

CUMMINGS, Circuit Judge.

On June 4, 1974, Earl Sisk filed a claim with the Department of Labor for payment of black lung benefits under Part C of the Black Lung Benefits Act (the “Act”), 30 U.S.C. § 901 et seq. On May 3, 1976, a deputy commissioner, an official within the Department’s Office of Workers’ Compensation Programs, informally denied Sisk’s claim. Sisk requested a hearing on the denial, but before such a hearing was scheduled Congress amended the Act to liberalize the eligibility criteria. 30 U.S.C. § 945. The amendment also established a procedure under which claims denied before…

2Cases cited5 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Commodity Futures Trading Commission v. SchorSupreme Court of the United States · 1986
  3. Geldermann, Inc., and Board of Trade of the City of Chicago, Intervening-Appellee v. Commodity Futures Trading CommissionCourt of Appeals for the Seventh Circuit · 1987
  4. Saginaw Mining Co. v. MazzulliCourt of Appeals for the Sixth Circuit · 1987
  5. Director, Office of Workers' Compensation Programs, United States Department of Labor v. Drummond Coal Company and Miles CorneliusCourt of Appeals for the Eleventh Circuit · 1987

3Cited by11 opinions

  1. Oliver W. Eifler v. Office of Workers' Compensation Programs, Peabody Coal Company, and Old Republic Insurance CompanyCourt of Appeals for the Seventh Circuit · 1991
  2. Youghiogheny & Ohio Coal Co. v. MillikenCourt of Appeals for the Sixth Circuit · 1999
  3. Director, Office of Workers' Compensation Programs v. Palmer Coking Coal Company Maxwell ManowskiCourt of Appeals for the Ninth Circuit · 1989
  4. Robert E. Lee v. Consolidation Coal Company Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1988
  5. Betty Jones v. Illinois Central Gulf Railroad, and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1988

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