Legal Opinion

Myrtle Griffith, Widow of Otis Griffith v. Director, Office of Workers' Compensation Programs, United States Department of Labor

Court of Appeals for the Sixth Circuit

Decided February 14, 1995No. 93-4171PublishedCited by 29 opinions

1Opinion of the CourtSuhrheinrich, J., joined by Milburn, J.,

LAY, J. (pp. 187-89), delivered a separate dissenting opinion.

SUHRHEINRICH, Circuit Judge.

Myrtle Griffith, petitions for review of the Benefits Review Board’s (BRB) decision denying her survivor’s benefits under the Black Lung Benefits Act. 30 U.S.C. §§ 901-945. We AFFIRM.

I

Otis Griffith, Myrtle’s husband, worked in the coal mines for fourteen years and smoked a pack of cigarettes a day for fifty. He filed a Part B claim in 1971 and a duplicate claim under Part C of the regulations in 1983. Griffith died in 1985, and Myrtle filed her claim for survivor’s benefits shortly thereafter. Both…

2Cases cited16 opinions

  1. Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
  2. John Kolesar v. The Youghiogheny and Ohio Coal Company Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Sixth Circuit · 1985
  3. Director, Office of Workers' Compensation Programs, United States Department of Labor v. Quarto Mining Company Elba F. BellomyCourt of Appeals for the Sixth Circuit · 1990
  4. Old Ben Coal Company v. Mary E. Prewitt, and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1985
  5. Tussey v. Island Creek Coal Co.Court of Appeals for the Sixth Circuit · 1993

11 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. National Mining Ass'n v. Department of LaborCourt of Appeals for the D.C. Circuit · 2002
  2. Island Creek Coal Company v. Dennis E. Compton Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 2000
  3. Eastover Mining Co. v. Dorothy S. Williams and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Sixth Circuit · 2003
  4. Peabody Coal Co. v. Wilma J. Groves Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Sixth Circuit · 2002
  5. Grundy Mining Company v. Douglas W. Flynn and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Sixth Circuit · 2004

24 more not listed; retrieve them via the Exa API.

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