Legal Opinion
Collins v. Mathews
District Court, E.D. Tennessee
Decided March 31, 1977No. Civ. No. 3-76-330PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM
ROBERT L. TAYLOR, District Judge.
This is an action for review of the final decision of the Secretary of Health, Education and Welfare denying plaintiff’s claim for black lung benefits pursuant to the Federal Coal Mine. Health and Safety Act, 30 U.S.C. § 901 et seq. Plaintiff contends that the Secretary erred by denying him the benefit of the presumption of 30 U.S.C. § 921(c)(4).
The rebuttable presumption created by Section 921(c)(4) provides that, when certain conditions are met, a miner who is suffering from a totally disabling lung condition which does not show up on X-rays as…
2Cases cited7 opinions
- Claude R. Ansel v. Caspar Weinberger, Secretary of Health, Education and Welfare, DefendantCourt of Appeals for the Sixth Circuit · 1976
- James W. Begley v. F. David Mathews, Secretary of Health, Education and WelfareCourt of Appeals for the Sixth Circuit · 1976
- Odie Ingram v. Joseph A. Califano, Jr., Secretary of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1977
- Cope v. MathewsDistrict Court, E.D. Tennessee · 1976
- Jeffries v. MathewsDistrict Court, E.D. Tennessee · 1977
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3Cited by1 opinion
- William J. FRANCIS, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Resources, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1985