Eplion v. Director, Office of Workers' Compensation Programs, Division of Coal Mine Workers' Compensation

WIDENER, Circuit Judge:

Petitioner, Mary Eplion, is the surviving spouse of Audie Eplion, who died on December 17, 1971. Audie Eplion worked for the Ohio River Company in Huntington, West Virginia. In 1970, Audie Eplion applied for black lung benefits pursuant to 30 U.S.C. § 901, et seq, claiming that he had become totally disabled because of pneumo-coniosis from exposure to coal dust while employed by the Ohio River Company. Both the Administrative Law Judge (AU) and the Benefits Review Board concluded that Eplion was not entitled to black lung benefits because he was not a miner as defined…