Mary Lombardy (Surviving Divorced Spouse of Frank Lombardy) v. Director, Office of Workers' Compensation Programs, United States Department of Labor

OPINION OF THE COURT

GARTH, Circuit Judge.

Mary Lombardy appeals from the Benefits Review Board’s decision and order affirming the Administrative Law Judge’s decision which denied Lombardy benefits on a survivor’s claim filed pursuant to Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq (the “Act”). We will affirm.

I

We recount the facts and the procedural history of the case only as they are relevant to the following discussion. Mary Lombardy is the surviving divorced spouse of Frank Lombardy. Frank Lombardy, a miner, was born on February 5,…