England v. Weinberger

MEMORANDUM ORDER

DENNIS R. KNAPP, Chief Judge.

This is a suit to review the final decision of the Secretary of Health, Education and Welfare denying plaintiff’s claim as widow of a miner for “black lung” benefits, pursuant to sections 411(a) and 412(a)(2) of the Federal Coal Mine Health and Safety Act of 1969. 30 U.S.C.A. §§ 921 and 922. Plaintiff filed a formal application for benefits on May 4, 1970, under the provisions of the Act. The administrative law judge denied plaintiff benefits in an opinion dated January 26, 1972, and plaintiff requested a review thereof. However, before any…