Annette Caudill Farmer v. Caspar Weinberger, Secretary, Health, Education and Welfare, Defendant

WILLIAM E. MILLER, Circuit Judge.

This action was filed in the district court to review the final decision of the Secretary of Health, Education and Welfare denying plaintiff’s claim pursuant to the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. § 901 et seq. Plaintiff is a widow seeking “black lung” benefits on behalf of the surviving two children of her marriage to a deceased miner. 1 The district court affirmed the finding of the Secretary by granting defendant’s motion for summary judgment, concluding that the Secretary’s decision was supported by substantial evidence.

Plaintiff…