United States Third Circuit
Hill v. Director, Office of Workers Comp. Programs, 06-4868
Petition for review of an order of the Benefits Review Board denying plaintiff's claim for survivor's benefits under the Black Lung Benefits Act is granted where the Board's decision is not supported by substantial evidence in the record. Matter is remanded for the award of benefits, as there is no issue of credibility nor any dispute that the deceased suffered from work related pneumoconiosis that led to his death, and thus plaintiff established her entitlement to survivor-s benefits as a matter of law.
Appellate Information
- Argued 03/24/2008
- Decided 04/09/2009
- Published 04/09/2009
Judges
- Before: McKEE, RENDELL, & TASHIMA Circuit Judges.
Court
- United States Third Circuit
Counsel
- For Appellant:
- George E. Mehalchick (Argued), Lenahan & Dempsey, P.C., Scranton, PA, for Petitioner.
- For Appellees:
- Jonathan L. Snare, Allen H. Feldman, Patricia M. Nece, Kristen Lindberg (Argued), United States Department of Labor, Washington, D.C., for Respondent.