The U.S. Court of Appeals for the 11th Circuit declined Thursday to take up an appeal in a case brought by the widow of a deceased coal worker who sought survivor benefits under the Black Lung Benefits Act.
The appeals court ruled that it has no jurisdiction to review a denial of survivor benefits for Doris Sloan, who said her husband, Gurstle Sloan, died from pneumoconiosis after working as a coal miner for Drummond Co. Inc. for 16 years.
An administrative law judge denied the claim, a decision subsequently upheld by a review board. Ms. Sloan argued that the judge improperly excluded evidence when she attempted to modify her claim. The judge found the evidence didn’t show the death was due to occupational pneumoconiosis.
The appellate court determined that it lacked jurisdiction to hear the appeal because the case fell under the jurisdiction of the review board. The court, citing U.S. Supreme Court case law, said certain administrative decisions denying rehearing requests are not reviewable by courts.
Another circuit court also held that a review board’s decision to deny a motion for reconsideration in a separate black-lung benefits claim isn’t reviewable, the 11th Circuit noted. The court dismissed Ms. Sloan’s petition for lack of jurisdiction.