Amax Coal Company v. Reba Burns

COFFEY, Circuit Judge.

Amax Coal Company petitions for review of the decision of the Benefits Review Board of the Department of Labor. The Board reversed a denial by an administrative law judge (AU) of benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. (the Act). We reverse.

I

The claimant, Reba Burns, was married to Howard L. Burns from May 30, 1941 until his death on October 23, 1976. Howard Burns worked in United States coal mines for some twenty-nine years, ending in 1972. These facts give rise to a presumption that the deceased miner was partially or totally disabled by…