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COLLINS v. POND CREEK MIN. CO.

No. 13-1702.

751 F.3d 180 (2014)

Nora COLLINS, widow of Johnnie Collins, Petitioner, v. POND CREEK MINING COMPANY; Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: May 1, 2014.

Attorney(s) appearing for the Case

ARGUED: Leonard Joseph Stayton , Inez, Kentucky, for Petitioner. Rita Ann Roppolo , United States Department of Labor, Washington, D.C., for Respondent Director, Office of Workers' Compensation Programs, United States Department of Labor. Kathy Lynn Snyder , Jackson Kelly, PLLC, Morgantown, West Virginia, for Respondent Pond Creek Mining Company. ON BRIEF: M. Patricia Smith , Solicitor of Labor, Rae Ellen Frank James , Associate Solicitor, Gary K. Stearman , Counsel for Appellate Litigation, Office of the Solicitor, United States Department of Labor, Washington, D.C., for Respondent Director, Office of Workers' Compensation Programs, United States Department of Labor.

Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge KING and Judge FLOYD joined.

WILKINSON, Circuit Judge:

This case is the latest chapter in a long-running dispute between Nora Collins ("Mrs.Collins") and Pond Creek Mining Company ("Pond Creek") regarding her claim to survivor's benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945 (the "Act"). Mrs. Collins petitions for review of an April 2013 decision of the Benefits Review Board ("BRB") affirming the denial of benefits by an Administrative Law Judge ("ALJ"). She challenges...

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