Order of the Benefits Review Board reversing an Administrative Law Judge’s award of black lung benefits on a widow’s claim filed by petitioner under the Black Lung Benefits Act after her husband died of metastatic lung cancer is affirmed as the Board did not err in concluding that the decedent’s treating physician’s opinion was insufficient to carry the widow’s burden of proof, based on the standard previously articulated in Eastover Mining Co. v. Williams, 338 F.3d 501 (6th Cir. 2003).
Read Conley v. Nat’l Mines Corp., No. 09-3039
Appellate Information
Argued: January 12, 2010
Decided and Filed: February 12, 2010
Judges
Opinion by District Judge Wiseman
Counsel
For Appellant: James D. Holliday
For Appellee: Laura Metcoff Klaus, Greenberg Taurig
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