Holley v. Califano

MEMORANDUM OPINION

BARRINGTON D. PARKER, District Judge:

Mary C. Holley, the widow of a coal miner, seeks the reversal of the decision of the Secretary of Health, Education and Welfare (H.E.W. or Agency) denying her claims for “black lung” benefits arising from the total disability of her late husband, Luther Holley. Her suit is filed under the Federal Coal Mine Health and Safety Act of 1969, as amended in 1972 (Coal Mine Act),1 and she contends that the administrative record will not support the Secretary’s finding that her husband was not totally disabled by the disease of pneumoconiosis at…