Alice Greene, Widow of John Pierschbacher v. Director, Office of Workers' Compensation Programs, United States Department of Labor

LAY, Chief Judge.

Alice Greene appeals the Benefits Review Board’s decision overturning the Administrative Law Judge’s determination that she was entitled to survivor’s benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq. (1982 & Supp. V 1987) (the Act). The primary issue is whether Greene, a miner’s widow, presented sufficient evidence to benefit from a presumption under the Act that her husband died of a respiratory disease related to his employment in a coal mine.

John Pierschbacher, a coal miner for more than ten years, died on April 9, 1972. His widow, who took the name…