Lombardy v. Office of Workers' Comp Programs

Dec 11, 2003

OUTCOME: Spouse was not dependent upon the miner so as to be entitled to receive black lung benefits, despite her receipt of benefits under the Social Security Act (SSA) based on his employment when she turned 65.

Former spouse of deceased coal mine worker sought judicial review of the decision of the Department of Labor's Benefits Review Board to affirm an administrative law judge's denial of black lung benefit ... s pursuant to survivor's claim she filed under the Federal Coal Mine Health and Safety Act.