Unpublished Dispositionbeth-elkhorn Corporation, Petitioner, v. Norma Napier and Director, Office of Workers' Compensationprograms, Respondents, 898 F.2d 153 (6th Cir. 1990)

Petitioner Beth-Elkhorn Corporation (Beth-Elkhorn) petitions for review of the decision of the Benefits Review Board awarding resondent Norma Napier (respondent) benefits under the Black Lung Benefits Act. Respondent is the widow of Burchel Napier, a coal miner who died on May 25, 1978.

Upon review of the entire record, the briefs of the parties, and of the applicable statutes, regulations, and case law, the court concludes that the Benefits Review Board's order dated April 28, 1989 is supported by substantial evidence. The court further notes that the standard used to rebut claimant's entitlement to Black Lung Benefits reflected a correct interpretation of the applicable law. Accordingly, the order awarding benefits is hereby AFFIRMED.