Clinchfield Coal Company v. Verba C. Fleming, Widow of Jack C. Fleming, and Director, Office of Workers' Compensation Programs

Clinchfield Coal Company appeals the award of black lung benefits allowed pursuant to the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq., to Verba Fleming, widow of an employee. The Benefits Review Board affirmed the hearing officer’s conclusion that Jack Fleming was totally disabled by pneumoconiosis at the time of his death. * We affirm.

Jack C. Fleming, the claimant’s deceased husband, worked approximately twenty-three years as an underground coal miner for Clinchfield. At the time of his death, he was suffering from simple pneumoconiosis, emphysema,…