United States Federal Circuit

In petitioner's claim seeking death benefits for the death of her husband-volunteer firefighter under the Public Safety Officers' Benefits Act, BJA's denial of the claim based on the conclusion that smoke inhalation was not a substantial factor in the death of her husband is reversed and remanded as an amended regulation (first applied midway through the agency proceedings) changed the burden of proof from a lenient standard resolving any reasonable doubt in favor of the claimant to the more stringent standard requiring that a claimant prove all material issues of fact by a "more likely than not" standard, which is a significant change in the law that disfavors retroactive application of the amended regulation.

Appellate Information

• Decided 03/15/2010
• Published 03/15/2010

Judges

Court

• United States Federal Circuit

Counsel