United States Third Circuit
B&G Construction Co., Inc. v. Director, OWCP, 10-4179
In a petition for review of an order of the Benefits Review Board reversing an administrative denial of a claim for survivor's benefits under the Black Lung Benefits Act, 30 U.S.C. section 901 et seq., petition is denied where: 1) under Section 932(l), as amended by section 1556 of the Patient Protection and Affordable Care Act of 2010 (PPACA), claimant is entitled to survivor's benefits without having to file a new claim for benefits or otherwise refile or revalidate her deceased spouse’s claim for benefits inasmuch as she filed her claim for benefits after January 1, 2005; and 2) section 932(l) as amended does not violate the Fifth Amendment’s Due Process Clause or Takings Clause.
Appellate Information
- Decided 10/26/2011
- Published 10/26/2011
Judges
- GREENBERG
Court
- United States Third Circuit