Alma Tackett v. Benefits Review Board Director, Office of Workers' Compensation Programs, United States Department of Labor

Petitioner appeals a Benefits Review Board’s (Board) decision reversing the Administrative Law Judge’s (AU) grant of black lung benefits. Petitioner brought suit under section 921(c)(2) of the Black Lung Benefits Act, 30 U.S.C. §§ 901-945 (1982) (Act), and the regulation promulgated thereunder. The AU awarded benefits, concluding that petitioner was entitled to invoke the rebuttable presumption that her husband’s death was due to pneumoconiosis conferred by section 921(c)(2) and the implementing regulation because her husband worked more than ten years in the nation's mines and died from lung…