ELR Citation: 47 ELR 20146
No(s). 16-1450 (4th Cir. Nov 2, 2017)

The Fourth Circuit denied a coal company's petition to review an ALJ decision that found that a widow was entitled to survivorship benefits under the Black Lung Benefits Act. The coal miner in question worked in coal mines for 34 years, was a regular smoker, and retired in 1993. He developed serious health issues including the disease commonly known as "black lung." He later died in 2009, and his death certificate listed congestive heart failure, hypertension, and coronary artery disease as the primary causes of death. The certificate also referenced contributory conditions of emphysema and chronic obstructive pulmonary disease, which at least one medical expert associated with pneumoconiosis (black lung). The widow applied for survivorship benefits in 2011, and the ALJ awarded the benefits. The coal company challenged the award, claiming the ALJ erred in discounting the medical opinions of doctors who concluded there were not signs of black lung and that the cause of death was pulmonary disease. The court held that the ALJ was entitled to discount those opinions as the doctors failed to review highly probative evidence in reaching their conclusions. The petition was denied.