United States Eleventh Circuit
Pittsburg & Midway Coal Mining Co. v. Director, OWCP, 06-15141
Petition for review challenging award of survivor's benefits under the Black Lung Benefits Act is denied where substantial evidence supports the ALJ's conclusion that, under section 411(c)(3) of the Act and its implementing regulation the widow was entitled to an irrebuttable presumption that her husband's death was "due to" pneumoconiosis.
Appellate Information
- Decided 11/28/2007
- Published 11/28/2007
Judges
- MARCUS, Circuit Judge:, Before MARCUS and PRYOR, Circuit Judges, and LAND, District Judge.
Court
- United States Eleventh Circuit
Counsel
- For Appellant:
- John William Hargrove, Bradley, Arant, Rose & White, Birmingham, AL, for Petitioner.
- For Appellees:
- Helen H. Cox, Patricia M. Nece, U.S. Dept. of Labor, Washington, DC, Jonathan Coleman Sapp, The Sapp Law Firm, LLC, Jasper, AL, for Respondents.