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.
- Argued 04/18/2003
- Decided 02/18/2004
- Published 02/18/2004
- DIANE P. WOOD, Circuit Judge., Before EASTERBROOK, KANNE, and DIANE P. WOOD, Circuit Judges.
- United States Seventh Circuit
- 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.