Miner’s Widow Not Entitled to Benefits Under the Black Lung Benefits Act
Successfully argued that a miner’s widow was not entitled to survivor’s benefits under the Black Lung Benefits Act. The miner had not successfully obtained benefits during his lifetime, but the widow alleged that his death at 102 years of age was caused by coal workers’ pneumoconiosis. The defense proved, through medical evidence, that the miner did not definitively have coal workers’ pneumoconiosis, and he was not totally disabled due to pneumoconiosis at the time of his death. Therefore, the judge found that the widow could not meet her burden of proof.