Old Ben Coal Co. v. Brunette Scott and Director, Office of Workers' Compensation Programs

EASTERBROOK, Circuit Judge.

William Scott retired in 1976 from his job as a coal mine manager and applied for black lung benefits. Eight years passed before a hearing was held, and by then William was dead. Although an autopsy would have shown whether he suffered from pneumoconiosis, one was not performed (or, if it was, the results were not placed in the record). Ever since, William’s widow Brunette has been debating with Old Ben Coal Co., his former employer, about the significance of x-ray. films, which have been read in different ways by different physicians, different administrative law…