Dolly B. Hunter, Widow of Charles H. Hunter v. Director, Office of Workers' Compensation Programs, Benefits Review Board

CHAPMAN, Circuit Judge:

The single issue presented is whether the mere evidence that a person worked in coal mines for more than ten years and died of lung cancer is sufficient to invoke the presumption of death due to pneumoconiosis under § 411(c)(2) of the Black Lung Benefits Act, 30 U.S.C. § 921(c)(2) (1982), and the applicable regulation, 20 C.F.R. § 410.-462 (1986). The administrative law judge found that the evidence was sufficient and, finding no evidence to rebut the presumption, granted benefits. The Benefits Review Board (BRB or Board) found that the evidence was insufficient and…