Keene v. Consolidation Coal Co.

Record contained sufficient evidence to support Bd.’s denial of deceased claimant-coal miner’s claim for black lung benefits, as well as wife’s claim for black lung survivor’s benefits where ALJ found that weight of medical evidence indicated that claimant had died of cause other than pneumoconiosis. However, wife’s claim was entitled to reconsideration under 15-year presumption rule set forth in section 1556 of Black Lung Benefits Act that was enacted in 2010 since her claim had been filed after January 1, 2005 effective date for implementation of said rule. Ct. rejected employer’s argument that retroactive nature of section 1556 violated due process and takings clause of U.S. Constitution.