United States Seventh Circuit

Denial of black lung benefits is reversed where an ALJ cannot avoid scientific controversy over the presence of the disease in defendant by basing his decision on which side has more medical opinions in its favor.

Appellate Information

• Argued 10/18/2006
• Decided 02/15/2007
• Published 02/15/2007

Judges

• SYKES, Circuit Judge., Before POSNER, EVANS, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Thomas E. Johnson (argued), and Anne Megan Davis, Johnson, Jones, Snelling, Gilbert & Davis, Chicago, IL, for Petitioner Donald D. Stalcup.


• For Appellees:
  
• Mark E. Solomons (argued) and Laura M. Klaus, Greenberg Traurig, Washington, DC, for Respondent Peabody Coal Co., Jeffrey S. Goldberg, Department of Labor, Office of the Solicitor, Washington, DC, for Respondent OWCP.