Thelma Koppenhaver, Widow of Ivan Koppenhaver v. Director, Office of Workers' Compensation Programs, United States Department of Labor

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This appeal presents us with a conflict between the Director of the Office of Workers’ Compensation Programs (Di rector) and the Benefits Review Board (Board) over the interpretation of 20 C.F.R. § 727.203(a)(5) (1988) relating to the evidence sufficient to establish a presumption of total disability under the Black Lung Benefits Act 30 U.S.C. § 901 et seq. (1982).

An Administrative Law Judge (ALJ) awarded Thelma Koppenhaver, a coal miner’s widow, benefits under the Black Lung Benefits Act (the Act) in 1985. In 1987 the Department of Labor Benefits…