United States Seventh Circuit

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OLD BEN COAL CO. v. DIRECTOR, OFFICE OF WORKERS' COMP. PROGRAMS, 00-3222

Administrative Law Judge's decision, to reopen a claim and award benefits under the Black Lung Benefits Act, must be remanded for further consideration where the ALJ did not ground her decision to reopen in the language and policies of the Act.

Appellate Information

  • Argued 05/15/2001
  • Decided 05/31/2002
  • Published 05/31/2002

Judges

  • RIPPLE, Circuit Judge., Before RIPPLE, MANION and DIANE P. WOOD, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Mark E. Solomons (Argued), Laura M. Klaus, Greenberg Traurig, Washington, DC, for Petitioner., Thomas O. Shepherd, Jr., Benefits Review Board, Attn: Clerk of the Board, Washington, DC, Donald S. Shire, Department of Labor, Office of the Solicitor, Washington, DC, for Party-in-Interest.

  • For Appellees:
  • Timothy S. Williams (Argued), Department of Labor, Office of the Solicitor, Washington, DC, Sandra M. Fogel (Argued), Culley & Wissore, Carbondale, IL, for Respondents.
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