United States Seventh Circuit
AMAX COAL CO. v. DIR., OFFICE OF WORKERS' COMP. PROGRAMS, 01-4226
In a claim for benefits under the Black Lung Benefits Act, when an Administrative Law Judge finds that no onset date is established by the evidence, the default date is the filing date with benefits suspended for any period of coal mine employment in the absence of credible medical evidence rebutting disability at the time of filing.
Appellate Information
- Decided 12/06/2002
- Published 12/06/2002
Judges
- RIPPLE, Circuit Judge., Before POSNER, RIPPLE and MANION, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- Mark E. Solomons (Argued), Laura M. Klaus, Greenberg Traurig, Washington, DC, for Petitioner., Donald S. Shire, Department of Labor, Office of the Solicitor, Washington, DC, for Party-In-Interest.
- For Appellees:
- Richard A. Seid (Argued), Department of Labor, Office of the Solicitor, Washington, DC, Sandra M. Fogel (Argued), Culley & Wissore, Carbondale, IL, for Respondents.