Kendrick v. Director, Office of Worker's Compensation Programs

SUHRHEINRICH, Circuit Judge.

Petitioner Dollie Kendrick, the widow of Robert E. Kendrick, a coal miner, appeals the decision of the Department of Labor’s Benefits Review Board (“Board”), affirming an Administrative Law Judge’s (“ALJ”) determination denying her request for federal Black Lung Benefits as a survivor to her late husband.1

The ALJ denied Kendrick’s claim, finding that it was a duplicative claim, and barred by principles of res judicata, because Kendrick had filed an earlier claim in 1983 that was denied on its merits. The Board affirmed the ALJ’s decision. We affirm the decision of…