Oak Grove Resources, LLC v. Director, OWCP, No. 17-14468 (11th Cir. 2019)Annotate this Case
The Eleventh Circuit held that substantial evidence supported the ALJ's decision that one of the mining company's former miners was entitled to benefits under the Black Lung Benefits Act. In regard to the Act's automatic entitlement provision in 30 U.S.C. 932(l), the court held that "at the time of his or her death" modifies the adjective "eligible," such that survivors' entitlement to benefits depends on whether the miner was eligible before his or her death, not whether, by that time, the pertinent decisionmaker had formally determined the miner to be so. In this case, two surviving spouses qualified for survivor benefits under 932(l)'s automatic-entitlement provision because their husbands were eligible for benefits under the Act at the times of their respective deaths and despite the fact that the men were only thereafter formally determined to be eligible.