Bertha Coleman (Widow of Avery Coleman) v. Director, Office of Workers' Compensation Programs and United States Department of Labor

Petitioner Bertha Coleman, wife of deceased coal miner Avery Coleman, petitions for review of the decision of the Benefits Review Board (Board) denying her claim for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq. Petitioner argues that the medical evidence of record is not relevant to the question of whether her husband had been totally disabled from pneumoconiosis, and that the Board should therefore have determined that the lay evidence of record was sufficient to invoke an interim presumption of disability pursuant to 20 C.F.R. § 727.203(a)(5). For the reasons which…