Coleman v. Director, OWCP

Petitioner Annie Coleman seeks review of the Office of Worker’s Compensation Programs (“OWCP”) Benefits Review Board’s (“BRB”) affirmation of the Administrative Law Judge’s (“ALJ”) interim decision and order finding that Mrs. Coleman was not entitled to Black Lung survivor’s benefits. After review of the record, we deny the petition for review.

I

First, Mrs. Coleman argues that the ALJ abused his discretion in granting the OWCP’s Acting Director’s motion for summary judgment based on a finding that the instant claim was a duplicative survivor’s claim. Mrs. Coleman asserts that her 1992 and 1994…