Carbon Fuel Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor Verna Kyle, Widow of John Kyle

OPINION

WILKINSON, Circuit Judge:

The question before us is whether a surviv- or’s federal black lung benefits must be offset by a state workers’ compensation award where both awards depended upon a showing that the decedent had been totally disabled due to pneumoconiosis, although pneumoconi-osis was not the cause of death. Because the offset provision of the federal Black Lung Benefits Act, 30 U.S.C. § 932(g), requires an offset of state workers’ compensation benefits which are conditioned upon death or disability - due to pneumoconiosis, we hold that the offset is required in this case. We…