Marmon Coal Co. v. Director, Office of Workers' Compensation Programs

OPINION OF THE COURT

FISHER, Circuit Judge.

Marmon Coal Company and its carrier (collectively, “Marmon”) petition for review of a decision by the Benefits Review Board (the “Board”) of the U.S. Department of Labor (the “DOL”), which confirmed an award of survivors’ benefits to Ethel Eekman under the Black Lung Benefits Act (the “BLBA”), 30 U.S.C. § 901 et seq., as amended by the Patient Protection and Affordable Care Act (the “ACA”), Pub.L. No. 111-148, § 1556, 124 Stat. 119, 260 (2010). For the reasons stated below, we will deny the petition for review.

I

A. Statutory Background

The BLBA provides…