Stephens v. Denairo Mining Co.

MEMORANDUM OPINION OF THE COURT.

The question presented in this workers’ compensation case is whether portions of an award of retraining incentive benefits (RIB) may be paid to a surviving spouse. Decedent, Wiley Stephens, worked in the coal mining industry from 1973 until November 4, 1987. Decedent became unemployed on that date because his employer, Denairo Mining Co., Inc. (Denairo) closed its mine. After the mine was shut down, decedent collected unemployment benefits, and later filed this workers’ compensation claim and a Federal Black Lung claim. Before an award had been rendered, he…