Cooper v. Mathews

MEMORANDUM

ROBERT L. TAYLOR, District Judge.

Plaintiff is a former coal miner who seeks black lung benefits under the provisions of the Federal Coal Mine Health and Safety Act of 1969, as amended. 30 U.S.C. § 901 et seq. (Supp.1975). Before the Court are cross motions for summary judgment on behalf of the respective parties, and, alternatively, plaintiff moves the Court to remand the case for consideration of additional evidence.

Plaintiff filed his claim for benefits on March 19, 1973, and it was denied initially and on reconsideration by the Bureau of Disability Insurance of the Social…