Collins v. Pond Creek Mining Company

The Administrative Law Judge (“ALJ”), affirmed by the Benefits Review Board (“BRB”), denied Mrs. Collins’ claim for black lung survivor’s benefits based on two alternative, independent factual findings. *225First, the ALJ found that Mrs. Collins failed to prove that Mr. Collins suffered from pneumoconiosis. In making this finding, the ALJ rejected Mrs. Collins’ assertion that Pond Creek Mining Company should be collaterally estopped by Mr. Collins’ black lung living miner determination from relitigating the question of whether Mr. Collins suffered from pneu-moconiosis. Second, the ALJ found that…