Legal Opinion

Ruth Marx (Widow of Robert Marx) v. Director, Office of Workers' Compensation Programs, United States Department of Labor, Benefits Review Board

Court of Appeals for the Third Circuit

Decided March 13, 1989No. 88-3407PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

Ruth Marx, the widow of Robert Marx (Marx), petitions for review of a decision and order of the Benefits Review Board (Board). The Board’s order affirmed a decision of an Administrative Law Judge (AU) denying Marx’s claim for benefits and Mrs. Marx’s claim for survivor’s benefits under the Black Lung Benefits Act, 30 U.S.C.A. §§ 901-945 (West 1986) (the Act). The AU determined Mrs. Marx was not entitled to the statutory presumption that her husband died from pneumoconiosis and had not otherwise established her right to survivor’s benefits. He also…

2Cases cited14 opinions

  1. Anthony Gober v. David Matthews, as Secretary of Health, Education and WelfareCourt of Appeals for the Third Circuit · 1978
  2. Director, Office of Workers' Compensation Programs v. Lilburn RoweCourt of Appeals for the Sixth Circuit · 1983
  3. Director, Office of Workers' Compensation Programs, United States Department of Labor v. August MangifestCourt of Appeals for the Third Circuit · 1987
  4. Kertesz v. Crescent Hills Coal Co.Court of Appeals for the Third Circuit · 1986
  5. Helen Hillibush, Widow of Edward Hillibush, Deceased v. U.S. Department of Labor, Benefits Review BoardCourt of Appeals for the Third Circuit · 1988

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3Cited by8 opinions

  1. Kathryn Lukosevicz (Widow of Alexander Lukosevicz) v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1989
  2. Commonwealth of Pennsylvania, Department of Public Welfare v. United States Department of Health and Human ServicesCourt of Appeals for the Third Circuit · 1991
  3. Harlan Bell Coal Co. And Old Republic Insurance Company v. Dewey LemarCourt of Appeals for the Sixth Circuit · 1990
  4. Bethenergy Mines Inc. v. Director, Office of Workers' Compensation Programs, United States Department of Labor and Eva Vrobel, Widow/johnCourt of Appeals for the Third Circuit · 1994
  5. Samuel E. Wensel v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1989

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