Legal Opinion

Robert Pate v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and Sahara Coal Company

Court of Appeals for the Seventh Circuit

Decided December 2, 1987No. 87-1350PublishedCited by 4 opinions

1Opinion of the Court

POSNER, Circuit Judge.

This appeal by a former coal miner denied a claim for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq., requires us to interpret the word “comparable” in the section that provides that a miner “shall be considered totally disabled when pneumoconiosis [black-lung disease] prevents him or her from engaging in gainful employment requiring the skills and abilities comparable to those of any employment in a mine or mines in which he or she previously engaged with some regularity and over a substantial period of time.” 30 U.S.C. § 902(f)(1)(A). The statute…

2Cases cited2 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  2. Donald Ratliff v. Benefits Review Board, Director, Office of Workers' Compensation Program, U.S. Department of LaborCourt of Appeals for the Sixth Circuit · 1987

3Cited by4 opinions

  1. Thomas O’CONNOR, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1991
  2. Apogee Coal Company v. OWCPCourt of Appeals for the Seventh Circuit · 2024
  3. Grover W. Harris v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1993
  4. Grover W. Harris v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1993

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