United States Third Circuit
Marmon Coal Company v. Director, Office of Workers' Compensation Programs, 12-3388
Petition for review of a decision by the Benefits Review Board of the U.S. Department of Labor (DOL), which confirmed an award of survivors' benefits to a widow of petitioner's former employee under the Black Lung Benefits Act, is denied, where: 1) this case concerns a "subsequent" claim for benefits by a surviving dependent under the recently amended Act; 2) section 932(l) of the Act, as amended, applies to subsequent claims that are filed and pending within the proper temporal thresholds; and 3) res judicata does not preclude a post-amendment award of survivors' benefits on a subsequent claim where the original claim was denied due to the claimant's failure to show that pneumoconiosis substantially contributed to the miner's death.
Appellate Information
- Decided 08/08/2013
- Published 08/08/2013
Judges
- FISHER
Court
- United States Third Circuit