Otto L. Fox v. Director, Office of Workers Compensation Programs, United States Department of Labor

EDWARD S. SMITH, Senior Circuit Judge.

Appellant Otto L. Fox appeals the determination of the Benefits Review Board (Board) that he is not a “miner” under the Black Lung Benefits Act (Act), 30 U.S.C. § 901 et seq., and is not entitled to benefits thereunder. The decision of the Board, based on its conclusion that appellant’s duties at a coke oven, a consumer of coal, cannot constitute coal preparation under the Act, is affirmed.

Issue

The question presented is whether the Board erred in reversing the ruling of the Administrative Law Judge (AU) that Fox was a miner within the meaning of the Act.…