Labelle Processing Company v. John Swarrow and Director, Office of Workers' Compensation Programs, United States Department of Labor

OPINION OF THE COURT

GARTH, Circuit Judge:

Petitioner Labelle Processing Company (“Labelle”) appeals an adverse decision of the Benefits Review Board (“BRB”) of the Unit*310ed States Department of Labor (“DOL”). The BRB affirmed the decision of an administrative law judge (“ALJ”) awarding black lung benefits to John Swarrow, a former employee of Labelle. The BRB had jurisdiction to review the final decision of the ALJ pursuant to 33 U.S.C. § 921(b)(3), as incorporated into the Black Lung Benefits Act (“BLBA”), 30 U.S.C. § 901 et seq., by 30 U.S.C. § 932(a). We have jurisdiction over the BRB’s final…