Russell H. Duncan v. Railroad Retirement Board

SOBELOFF, Circuit Judge:

The Railroad Retirement Board denied Russell H. Duncan’s application for a total disability annuity under 45 U.S.C.A. § 228b(a) (5) (1954) on the ground that, while the medical testimony established that he was disabled from returning to his former occupation, he was not physically or mentally disqualified from engaging in “any regular employment.” 1 Duncan contends that the Board did not fulfill its duty under the statute by merely determining that he was not medically incapacitated from pursuing other gainful employment. His position is that once it was established…