Legal Opinion

Josephine Mancia Widow of Angelo Mancia v. Director, Office of Workers' Compensation Programs, United States Department of Labor

Court of Appeals for the Third Circuit

Decided December 2, 1997No. 97-3091PublishedCited by 25 opinions

1Opinion of the Court

OPINION OF THE COURT

McKEE, Circuit Judge.

The widow of a deceased coal miner filed this petition for review of a decision of the Benefits Review Board in which the Board affirmed an Administrative Law Judge’s denial of her claim for survivors’ benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. For the reasons that follow, we will reverse the Board’s affirmance of the Administrative Law Judge’s decision and direct that benefits be awarded.

I. BACKGROUND

Angelo Mancia filed two applications for Black Lung benefits during his lifetime. The Department of Labor denied the first one on…

2Cases cited22 opinions

  1. Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
  2. Director, Office of Workers' Compensation Programs v. Greenwich CollieriesSupreme Court of the United States · 1994
  3. Director, Office of Workers' Compensation Programs, United States Department of Labor v. August MangifestCourt of Appeals for the Third Circuit · 1987
  4. Labelle Processing Company v. John Swarrow and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1996
  5. Kathryn Lukosevicz (Widow of Alexander Lukosevicz) v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1989

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3Cited by25 opinions

  1. B & G Construction Co. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Third Circuit · 2011
  2. John A. Soubik, of the Estate of Cecilia Soubik v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 2004
  3. Ernest Scott v. Mason Coal Company Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 2002
  4. Helen Mining Co v. James Elliott, Sr.Court of Appeals for the Third Circuit · 2017
  5. Balsavage v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Third Circuit · 2002

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