Legal Opinion

Weaver v. Weinberger

District Court, S.D. West Virginia

Decided April 14, 1975No. Civ. A. 74-60-BKPublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM ORDER

DENNIS R. KNAPP, Chief Judge.

This is a suit to review the final decision of the Secretary of Health, Education and Welfare denying plaintiff’s claim as the widow of a miner for “black lung” benefits pursuant to 30 U.S.C.A. §§ 921(a) and 922(a)(2). The action is currently pending on a Motion for Summary Judgment filed by the defendant.

The only issue before this Court is whether the final decision of the Secretary denying the plaintiff’s claim for failure to meet the requirements under the Act is supported by substantial evidence.

The evidence upon which the decision of the…

2Cases cited3 opinions

  1. Davis v. Fire Creek Fuel CompanyWest Virginia Supreme Court · 1959
  2. Pennsylvania Casualty Co. v. ElkinsDistrict Court, E.D. Kentucky · 1947
  3. Johnson v. WeinbergerDistrict Court, S.D. West Virginia · 1974

3Cited by8 opinions

  1. Charles H. Moore v. Patricia R. Harris, Secretary of Health & Human ServicesCourt of Appeals for the Fourth Circuit · 1980
  2. Cecelia Adelsberger v. David Mathews, Secretary of Health, Education and Welfare, United States of AmericaCourt of Appeals for the Seventh Circuit · 1976
  3. Robert Neese v. Joseph A. Califano, Jr., Secretary of Health, Education & WelfareCourt of Appeals for the Fourth Circuit · 1979
  4. Taylor v. CommissionerUnited States Tax Court · 1978
  5. Ball v. MathewsDistrict Court, W.D. Virginia · 1976

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