Youghiogheny & Ohio Coal Co. v. Milliken

OPINION

GILMAN, Circuit Judge.

This is a black lung benefits case that began nearly twenty-five years ago with the death of a coal-mining employee named Harold Milliken. Since then, the case has involved three formal hearings before an administrative law judge (ALJ), three appeals to the Benefits Review Board, and two petitions to this court for *946judicial review. On its third trip through the adminstrative process, the ALJ concluded that Evelyn Milliken was entitled to survivor’s benefits, and the Benefits Review Board affirmed. Harold Milliken’s former employer, the Youghiogheny and Ohio Coal…