Ovel W. Ohler v. Secretary of Health, Education and Welfare of the United States of America

LOGAN, Circuit Judge.

This is an appeal from a district court order upholding the denial of black lung benefits for Ovel W. Ohler by the Secretary of Health, Education and Welfare (HEW).

The issue before this Court is whether the HEW findings are supported by substantial evidence.

Ohler’s claim for black lung benefits was filed in October 1972. The administrative judge found that Ohler was born January 6, 1908, he completed only a fifth grade education, he “may have worked for approximately 30 years in the coal mining industry .” and his last substantial gainful employment was in 1971.

Thus,…