Ella Cook v. Director, Office of Workers Compensation Programs, United States Department of Labor

ERVIN, Chief Judge:

In this case, Ella Cook, the widow of a coal miner, seeks review of the decision of the Benefits Review Board (“BRB” or “Board”) affirming the denial of benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. She contends that the Administrative Law Judge (“AU”) and Board erred in disallowing lay testimony concerning her husband’s medical condition. For the reasons stated below, we agree and remand the case to the AU to consider the lay evidence in deciding whether or not to award benefits.

I

On November 18, 1975, Ella Cook (“Mrs. Cook”), widow of former coal miner…