United States Fourth Circuit

In consolidated cases involving claims for survivors' benefits under the Black Lung Benefits Act (BLBA), the Department of Labor Benefits Review Board's awards of survivor benefits to widows of coal miners are affirmed, where: 1) because a recent amendment to the BLBA created a new cause of action that was unavailable to the widows when they brought their initial claims, res judicata does not bar their subsequent claims; and 2) the deceased husbands were both determined to be eligible to receive BLBA benefits at the time of their deaths, the widows meet the dependency and relationship criteria for eligible survivors, and thus, the widows are entitled to automatic derivative benefits under 30 U.S.C. section 932(l).

Appellate Information

• Decided 07/05/2013
• Published 07/05/2013

Judges

• DIAZ

Court

• United States Fourth Circuit

Counsel