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KEENER v. EASTERN ASSOCIATED COAL CORP.

No. 91-2617.

954 F.2d 209 (1992)

Violet KEENER, Petitioner, v. EASTERN ASSOCIATED COAL CORPORATION, Director, Office of Workers' Compensation Programs, United Statements Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided January 15, 1992.

As Amended March 2, 1992.

Attorney(s) appearing for the Case

Robert F. Cohen, Jr., Cohen, Abate & Cohen, Fairmont, W.Va., argued, for petitioner.

Mark Elliott Solomons, Arter & Hadden, Washington, D.C., argued, for respondent Eastern Associated Coal Corp., Roger Pitcairn, Office of the Sol., U.S. Dept. of Labor, Washington, D.C., argued, for respondent Director, Office of Workers' Compensation Programs (David S. Fortney, Deputy Sol. of Labor, Donald S. Shire, Associate Sol., Michael J. Denney, Counsel for Appellate Litigation, Office of the Sol., U.S. Dept. of Labor, Washington, D.C., on brief, for respondent Director, Office of Workers' Compensation Programs).

Before WIDENER and LUTTIG, Circuit Judges, and RESTANI, Judge, Court of International Trade, sitting by designation.

OPINION

LUTTIG, Circuit Judge:

The Benefits Review Board of the Department of Labor affirmed a Department of Labor Administrative Law Judge's decision denying Violet Keener survivor benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. Mrs. Keener petitions for review of that decision on the ground that it lacked substantial evidentiary support in the record. We affirm the decision of the Benefits Review Board.

I.

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