Youghiogheny And Ohio Coal Co. V. Milliken

Youghiogheny and Ohio Coal Company (Y & O) seeks review of the order of the Benefits Review Board (Board) that reversed the order of the administrative law judge (ALJ) and awarded survivor benefits to Evelyn Milliken pursuant to the Black Lung Benefits Act (Act), 30 U.S.C. § 901, et seq. On appeal, Y & O claims that the Board erred in applying the "Part B" regulations at 20 C.F.R. § 410.490 to this claim. Alternatively, Y & O maintains that the Board misinterpreted section 410.490, resulting in its improper award of benefits to Milliken.