Adam J. Bertamini v. Railroad Retirement Board

The Railroad Retirement Board determined that petitioner is not entitled to a disability annuity under Section 2(a) 5 of the Railroad Retirement Act (45 U.S.C. § 228b(a) 5 (1964)), and the question presented by this petition for review is whether substantial evidence supports the Board’s finding that petitioner’s physical condition is not such that he is “unable to engage in any regular employment.” Petitioner has 19 years of service under the Act and is less than 60 years old. Under the circumstances, it is common ground between the parties that Section 2(a) 5 of the Act controls…