Freeman United Coal Mining Co. v. Director, Office of Workers' Compensation Programs

FLAUM, Circuit Judge.

Freeman United Coal Mining Company (“Freeman”) seeks review of an order of the Benefits Review Board (the “Board”) of the Department of Labor (the “DOL”) awarding Marie Tasky benefits under the Black Lung Benefits Act, 30 U.S.C. § 901, et seq. (the “Act”). Victor Tasky filed claims for benefits in 1981 and 1982, and after his death, his wife Marie Tasky filed a claim for survivor’s benefits in 1985. The Administrative Law Judge (“ALJ”) determined that the DOL had improperly closed Mr. Tasky’s original application, and therefore evaluated Mrs. Tasky’s claim under the…