Bernard Kidda (Son of Andrew Kidda) v. Director, Office of Workers' Compensation Programs, United States Department of Labor

OPINION OF THE COURT

GARTH, Circuit Judge:

Bernard Kidda was denied Black Lung Survivors Benefits because he was found not to have been continually disabled from the age of minority. Specifically, Kidda completed college and was employed for fifteen years before he became unemployed and, due to a current disability, unemployable. Kidda was initially granted benefits by the Administrative Law Judge (AU), but this determination was reversed by the Benefits Review Board. Kidda petitions this Court for direct review under 30 U.S.C. § 921(c).

I

It is undisputed that Kidda’s father was a miner who died…