USCA 7th: No Denial Until Work Requirements Established

The United States Court of Appeals for the Seventh Circuit ruled that a denial of benefits is inappropriate where the administrative law judge (ALJ) failed to definitely resolve the exertional requirements of the claimant's employment. In Killman v. Director, No. 04-2506, 07/19/2005, William Killman, a mine foreman, worked for Sahara Coal Company (Sahara) for 23 years. In 1958, Killman filed a claim for black lung disability benefits. His claim was denied, and a hearing was held. In 1988, an ALJ ruled in Killman's favor, and ordered Sahara to pay retroactive benefits under the Black Lung ...