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Legal Opinion

Abbott Hubbard v. Joseph A. Califano, Secretary of Health, Education and Welfare

Court of Appeals for the Fourth Circuit

Decided August 24, 1978No. 77-1718PublishedCited by 25 opinions

1Opinion of the Court

K. K. HALL, Circuit Judge.

I

BASIC ENTITLEMENT

The court adopts and incorporates its discussion of basic entitlement found in Part I of Petry v. Califano, 577 F.2d 860 (4th Cir. 1978). Claimant here relies on the presumption found in 20 C.F.R. § 410.414(b), as did the claimant in Petry, and here also, the Secretary does not challenge the facts that claimant is or was a coal miner, that pneumoconiosis, if found to exist, arose out of the claimant’s coal mine employment,1 and *321that for the purposes of the § 410.414(b) presumption, claimant meets the fifteen-year requirement.

II

THE § 410.414(b)…

2Cases cited6 opinions

  1. Ruby R. Martin v. Secretary of Department of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1974
  2. Talley v. MathewsCourt of Appeals for the Fourth Circuit · 1977
  3. Charles E. Bozwich v. David Mathews, Secretary of Health, Education and WelfareCourt of Appeals for the Eighth Circuit · 1977
  4. Petry v. CalifanoCourt of Appeals for the Fourth Circuit · 1978
  5. Clarence Henson v. Caspar Weinberger, Secretary of Health, Education, and Welfare, DefendantCourt of Appeals for the Seventh Circuit · 1977

1 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. George T. King v. Joseph A. Califano, Jr., Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1980
  2. Marjorie L. Stawls v. Joseph A. Califano, Jr., Secretary of Health, Education, and WelfareCourt of Appeals for the Fourth Circuit · 1979
  3. Carl C. Thorn v. Itmann Coal Company Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1993
  4. Eastover Mining Co. v. Dorothy S. Williams and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Sixth Circuit · 2003
  5. Charles G. Grigg v. Director, Office of Workers' Compensation Programs, United States Department of Labor, Charles G. Grigg v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1994

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