Charles H. Moore v. Patricia R. Harris, Secretary of Health & Human Services

As much as I would like to concur in the majority opinion, I cannot. The majority concludes, despite the Secretary’s regulation to the contrary, 20 C.F.R. § 410.110(j), that the Federal Coal Mine Health and Safety Act of 1969, and its 1972 amendment, provides benefits to self-employed miners. The bare language of the 1969 Act is subject to the majority’s interpretation, but I think that interpretation is foreclosed by the legislature’s explicit response to the dilemma of the self-employed miner and by our own precedents, which have already developed a body of case law implementing the…