Cecelia Adelsberger v. David Mathews, Secretary of Health, Education and Welfare, United States of America

This is an appeal from Judge Wise’s order affirming the decision of the Secretary of Health, Education and Welfare to deny black lung benefits under Title IV of the Federal Coal Mine Health and Safety Act of 1969, Pub.L. No. 91-173, 83 Stat. 792, as amended, 30 U.S.C. §§ 901, et seq. (Supp. V, 1975). Appellant, Cecelia Adelsberger, applied for benefits on May 2, 1972. Her application was denied and, upon administrative reconsideration, was again denied.

After a request from the claimant, Administrative Law Judge L. Charles Leonard conducted a hearing. Considering the case de novo, he…