Director, Office of Workers Compensation Programs v. Consolidation Coal Co.

CHAPMAN, Circuit Judge:

The Director of the Office of Workers’ Compensation Programs (“Director”) appeals the decision of the Benefits Review Board (“the Board”) affirming the Administrative Law Judge’s (“ALJ”) finding that Charles Krushansky was not a “miner” under the Black Lung Benefits Act (the “Act”) while employed as a riverman by Consolidation Coal Company (“Consolidation”). Since Mr. Krushansky was not a miner while employed by Consolidation, the ALJ found that Consolidation was not liable for survivor benefits to which the Department of Labor (“DOL”) determined Mrs. Krushansky was…