Lion Mining Co v. Director OWCP

OPINION

ROTH, Circuit Judge.

Darlene A. Coutts is the widow of Ward J. Coutts, Jr., a former coal miner. After Mr. Coutts passed away in May 2000, Mrs. Coutts filed an application as a surviving spouse for benefits pursuant to the black lung benefits provisions of Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. To be eligible for benefits, a claimant must establish that the miner had pneumoconiosis which arose out of coal mine employment, and that the miner’s death was due to pneumoconiosis. 20 C.F.R. § 718.205(a). A miner’s death is due to…