Brown v. Director, Office of Workers' Compensation Programs, United States Department of Labor

FLOYD R. GIBSON, Senior Circuit Judge.

Helen Brown appeals the Benefits Review Board’s decision affirming the Administrative Law Judge’s decision denying her miner husband’s claim as well as her survivor’s claim for benefits under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. (1988). Jurisdiction is proper in this court under 33 U.S.C. § 921(c) (1988).1 We find that substantial evidence supports the AU’s decision and thus affirm the Review Board’s decision.

Lester Brown, a miner, filed an application for benefits under the Act on March 27, 1978. Brown died from lymphoma on August 12,…