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VAN DYKE v. MISSOURI MIN., INC.

No. 95-2259.

78 F.3d 362 (1996)

Bernice VAN DYKE, Petitioner, v. MISSOURI MINING, INC.; Wausau Insurance Company; and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided March 7, 1996.

Attorney(s) appearing for the Case

Raymond T. Reott, Chicago, Illinois, argued, for petitioner.

Mark E. Solomons, Washington, DC, argued (Laura M. Klaus, on the brief), for respondent.

Before WOLLMAN, CAMPBELL, and MURPHY, Circuit Judges.

DIANA E. MURPHY, Circuit Judge.

Bernice Van Dyke, widow of coal miner James Van Dyke, petitions for review of an order by the Benefits Review Board of the Department of Labor (BRB) affirming the denial of benefits by an Administrative Law Judge (ALJ) under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945.

James Van Dyke spent 27 years working at coal mines. His last job was at Missouri Mining, Inc., where he shoveled coal at the coal tipple and...

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