Bethenergy Mines, Inc. v. Rowan

OPINION

PER CURLAM.

This case comes before us for a second time on review from the Benefits Review Board (“Board”). For the reasons that follow, we affirm the ALJ’s order awarding the appellee survivor’s benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945 (“Act”).

I

Delmer B. Rowan (“Rowan”) worked as a coal miner for at least twenty-four years. 1 It is undisputed that in September 1992, Rowan died from acute respiratory failure due to chronic obstructive pulmonary disease (“COPD”), and at the time of Rowan’s death, pneumoconiosis was found in his lungs. 2 Appellee Shirley L. Rowan…