Harness v. Weinberger

MEMORANDUM

ROBERT L. TAYLOR, District Judge.

This matter is before the Court on the cross motions for summary judgment of the plaintiff and the Secretary of Health, Education and. Welfare. Plaintiff is an ex-miner seeking black lung benefits pursuant to the Federal Coal Mine Health and Safety Act, as amended, 30 U.S.C. § 901 et seq.

After plaintiff’s claim was initially denied, a Hearing Examiner considered the claim de novo and concluded, in an opinion consisting of less than one page and lacking specific findings of fact, that plaintiff was entitled to benefits (Tr. 16). The Appeals Council,…