DOTSON v. PEABODY COAL CO.

No. 87-2904.

846 F.2d 1134 (1988)

Vernon DOTSON, Petitioner, v. PEABODY COAL COMPANY, et al., Respondents.

United States Court of Appeals, Seventh Circuit.

Decided May 20, 1988.


Attorney(s) appearing for the Case

Harold B. Culley, Jr., West Frankfort, Ill., for petitioner.

Mark E. Solomons, Arter & Hadden, Washington, D.C., for respondents.

Before BAUER, Chief Judge, MANION, Circuit Judge, and WILL, Senior District Judge.


BAUER, Chief Judge.

Vernon Dotson filed a claim for black lung benefits in February 1977. An administrative law judge (ALJ) ruled that Mr. Dotson was entitled to benefits, but the Benefits Review Board (the Board) reversed that decision, concluding that Peabody Coal had rebutted the presumption of pneumoconiosis. We reverse the decision of the Board and remand Mr. Dotson's claim to the ALJ for rehearing.

I

Facts

Mr. Dotson worked in coal...

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