Brooks v. Mathews

ORDER AND OPINION

TURK, Chief Judge.

Plaintiff is appealing the final decision of the Secretary of Health, Education and Welfare denying her claim for widow’s black lung 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, in which case, it must be affirmed.

Under the applicable statutory sections, 411-12, 30 U.S.C. §§ 921-22, and regulations, 20 C.F.R. § 410.210, in order for plaintiff to establish her entitlement to benefits,…