Jim Walter Resources, Inc. v. Director, OWCP, et al., No. 13-13185 (11th Cir. 2014)Annotate this Case
Petitioner sought review of a decision awarding benefits to a miner's widow under the Black Lung Benefits Act, 30 U.S.C. 901 et seq. The court found, after reviewing petitioner's arguments and the relevant law, that nothing precludes a new benefits claim by a survivor whose previous application was denied under the pre-Affordable Care Act (ACA), Pub. L. No. 111-148, section 1556, 124 Stat. 119, 260, version of the Black Lung Benefits Act. Thus, the court held that a survivor who filed a claim before January 1, 2005 may submit a new claim that must be adjudicated under the post-ACA statutory provisions. The court denied the petition for review and affirmed the award of benefits.