Mary L. Pendleton, (Widow of Albert Burnett) v. Director, Office of Workers' Compensation Programs, United States Department of Labor

MURNAGHAN, Circuit Judge:

Mary Pendleton, the wife of deceased coal miner Albert Burton, seeks review of the decision of the Benefits Review Board (“Board”) affirming the denial of her claim for benefits pursuant to the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. Pen-dleton contends that the lay evidence of record is sufficient to invoke a presumption of total disability due to pneumoconiosis under the interim Labor Department’s regulation at 20 C.F.R. § 727.203(a)(5). We review the administrative law judge’s decision for substantial evidence to support the denial of benefits. Hamrick v.…