Nell Wallace v. Forrest David Mathews, Secretary of Health, Education and Welfare

This is an appeal by the widow of a coal miner who claims benefits under the Black Lung Act, 30 U.S.C. § 901, et seq. The claimant’s husband, who had worked as a miner for 32 years, died in 1948. He worked in a mine until the day before he died. The administrative law judge held that the miner was not totally disabled from pneumoconiosis at the time of his death and that his death “was not due to pneumoconiosis or a respirable disease presumed to be pneumoconiosis.” The Secretary, acting through the Appeals Council, upheld the denial of benefits.

Upon appeal the district court found that the…