Dudash v. Director, Office of Workers' Compensation Programs

OPINION OF THE COURT

Helen Dudash seeks review of a decision of the Benefits Review Board (“Board”) affirming an Administrative Law Judge’s (“ALJ”) decision to deny her survivor’s benefits under the Black Lung Benefits Act (“BLBA”), 30 U.S.C. §§ 901-945. Under the BLBA, Mrs. Dudash is entitled to survivor’s benefits only if her husband’s death was “due to pneumoconiosis.” 1 See 30 U.S.C. § 901(a). Mrs. Dudash bears the burden of proving this by a preponderance of the evidence. See Dir., OWCP v. Greenwich Collieries, 512 U.S. 267, 277-78, 114 S.Ct. 2251, 129 L.Ed.2d 221 (1994). Mrs. Dudash can…