United States Seventh Circuit

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MIDLAND COAL CO. v. DIR., OFFICE OF WORKERS' COMP. PROGRAMS, 02-2734

Having demonstrated a material change in one of the conditions of entitlement, retired coal miner was not barred from bringing his fourth Black Lung Benefits Act claim; the ALJ was within bounds when he chose to discredit the opinions of two of plaintiff's medical experts; as claimant's pneumoconiosis was found to be itself totally disabling, his non-pulmonary and non-respiratory disabilities are irrelevant.

Appellate Information

  • Argued 04/18/2003
  • Decided 02/18/2004
  • Published 02/18/2004

Judges

  • DIANE P. WOOD, Circuit Judge., Before EASTERBROOK, KANNE, and DIANE P. WOOD, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Mark E. Solomons (argued), Greenberg Traurig, Washington, DC, for Petitioners., Thomas O. Shepherd, Jr., Benefits Review Board, Washington, DC, for Party-in-Interest.

  • For Appellees:
  • Christian P. Barber (argued), Department of Labor, Office of the Solicitor, Washington, DC, Thomas E. Johnson (argued), Johnson, Jones, Snelling, Gilbert & Davis, Chicago, IL, for Respondents.