United States Seventh Circuit
RAG American Coal Company v. Buchanan, 08-1653
Judgment of the Benefits Review Board awarding benefits to defendant under the Black Lung Benefits Act is affirmed where: 1) defendant's second claim for benefits is not barred by res judicata as long as he has demonstrated a material change in his condition; 2) substantial evidence supported the ALJ's finding that defendant established a material change in conditions, and that he is totally disabled by pneumoconiosis caused at least in part by coal mine employment and thus entitled to black lung benefits.
Appellate Information
- Argued 01/14/2009
- Decided 08/05/2009
- Published 08/05/2009
Judges
- TINDER, Circuit Judge., Before CUDAHY, KANNE, and TINDER, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- Mark E. Solomons (argued), Greenberg Traurig, LLP, Washington, DC, for Petitioner.
- For Appellees:
- Gregory F. Jacob (argued), Department of Labor, Office of the Solicitor, Washington, DC, for Respondent., Thomas E. Johnson, Anne M. Davis (argued), Johnson, Jones, Snelling, Gilbert & Davis, Chicago, IL, for Intervening Respondent.