Evelyn Winfrey v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare

This is an appeal from an order of the district court affirming the decision of the Secretary of Health, Education and Welfare to deny the combined black lung claims of deceased coal miner Clarence G. Winfrey and his widow Evelyn Winfrey (claimant). We find the Secretary’s decision supported by substantial evidence and, accordingly, affirm. See Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 923(b) incorporating by reference § 205(b) of the Social Security Act, 42 U.S.C. § 405(b).

Since this case involves a widow’s claim, our inquiry is twofold: Was the miner’s death…