Harriman Coal Corp v. Marylou Schoffstall

OPINION OF THE COURT

JORDAN, Circuit Judge.

Harriman Coal Corporation and American Mining Insurance Company (collectively, “Harriman”) seek review of an order by the Benefits Review Board (the “Board”) affirming an award to Mary Lou Schoff-stall of survivor benefits pursuant to the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. For the reasons that follow, we will deny the petition.

I. Background

Mrs. Schoffstall’s late husband, Charles, worked at four different coal companies over a forty-year period. His final job was with Harriman, where he worked from 1997 through 2000. He had worked around…