Zemo v. Director, Office of Workers' Compensation Programs, United States Department of Labor

Frankie J. Zemo worked at a coal mine in Iowa in the early 1950s and now suffers from several ailments, including pneumoconiosis. On January 15, 1992, Zemo applied for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq., which provides for benefits payments to coal miners totally disabled by pneumoconiosis. Id. § 901(a). An administrative law judge (ALJ) denied the application, and Zemo sought review at the Benefits Review Board (Board) of the Department of Labor (Department). On December 17, 1999, the Board upheld the denial, and Zemo filed this petition for review.

The ALJ…