Leven Burchett v. F. David Mathews, Secretary of Health, Education and Welfare

Claimant Burchett appeals from denial of black lung disability benefits claimed under 30 U.S.C. §§ 901 et seq. (Supp. V 1975). His claim was rejected by the Administrative Law Judge, who held that in spite of undisputed testimony that claimant had worked 40 years as a miner, had left work in the mines in 1963 due to shortness of breath, and in 1975 at the time of the hearing, was 69 years old, plaintiff was not entitled to any presumption of total disability due to silicosis under 30 U.S.C. § 921(c)(4) (Supp. V 1975) and 20 C.F.R. §§ 410.490(b)(l)(i)-(ii)(3) (1977).

The facts as found by the…