Sacco v. Mathews

MEMORANDUM

TROUTMAN, District Judge.

This is a so-called “Black Lung” case arising under Part B, Title IV of the Federal Coal Mine Health and Safety Act, 30 U.S.C. 901 et seq. Said Act establishes a program for the payment of benefits to living miners who are totally disabled due to pneumoconiosis arising out of coal mine employment and to the dependents of miners who die due to pneumoconiosis, or who were totally disabled due to pneumoconiosis at the time of their death.

The Administrative Law Judge (AU) has made, inter alia, the following findings:

“(2) The claimant is not now, nor was he…