Jewell Shuff, Widow of Paul Shuff v. Cedar Coal Company Director, Office of Workers' Compensation Programs, United States Department of Labor

ERVIN, Chief Judge:

Jewell L. Shuff seeks survivor’s benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945, in connection with her husband’s death. She argues that the Administrative Law Judge (“AU”) and the Benefits Review Board (“BRB”) applied too stringent a standard in evaluating whether pneumoconiosis was a “substantially contributing cause or factor” leading to her husband’s death. We agree with Mrs. Shuff, reverse the BRB and remand the case for further proceedings.

I

The miner, Paul B. Shuff, filed a claim for benefits under the Black Lung Benefits Act on May 24, 1983. While…