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WESTMORELAND COAL CO. v. SHARPE EX REL. SHARPE

No. 10-2327.

692 F.3d 317 (2012)

WESTMORELAND COAL COMPANY, INCORPORATED, Petitioner, v. Mae Ann SHARPE, on behalf of and as widow of William A. SHARPE; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: August 20, 2012.

Attorney(s) appearing for the Case

ARGUED: William Steele Mattingly , Jackson Kelly, PLLC, Morgantown, West Virginia, for Petitioner. Rita Ann Roppolo , United States Department of Labor, Washington, D.C.; John A. Bednarz, Jr. , Wilkes-Barre, Pennsylvania, for Respondents. ON BRIEF: M. Patricia Smith , Solicitor of Labor, Rae Ellen James , Associate Solicitor, Sean G. Bajkowski , Counsel for Appellate Litigation, Barry H. Joyner , United States Department of Labor, Washington, D.C., for Federal Respondent.

Petition for review denied by published opinion. Judge KING wrote the majority opinion, in which Chief Judge TRAXLER joined. Judge AGEE wrote a dissenting opinion.

OPINION

KING, Circuit Judge:

As recounted in our prior opinion in these Black Lung Benefits Act proceedings, see Sharpe v. Dir., OWCP, 495 F.3d 125 (4th Cir.2007) ("Sharpe I"), coal miner William A. Sharpe was awarded total disability benefits in 1993, and received those benefits until he died in 2000. A week after Mr. Sharpe's death, his widow, Mae Ann Sharpe, made a claim for survivor's benefits. Within two...

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