Powers v. Weinberger

MEMORANDUM OPINION and ORDER

TURK, Chief Judge.

Plaintiff is appealing the final decision of the Secretary of Health, Education and Welfare denying her claim for widow’s benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq. The only issue to be decided in this appeal is whether the Secretary’s decision is supported by substantial evidence, and if it is, this court must affirm.

The medical evidence shows that the miner was killed in a mine accident on December 16, 1954. X-rays taken before the miner’s death indicated that he had simple…