Chapter 23, Problem 5BCP

Summary Introduction

Case summary: The claim for a benefit under BLBA was filed by the widow of a person, DC who died of lung cancer. The benefits under the BLBA can be taken only when the widow is able to prove that the exposure to the coal dust was a substantial factor for the death of DC. The person, DC worked at a coal mine but he has been a smoker for a long time. The physician during the benefits hearing testified that the death was caused by coal dust. The Court granted the benefits.

To find:The judgment of the appellant court in the case.