Elizabeth Craig, Widow and Dependent of William Frank Craig, Deceased v. Caspar Weinberger, Secretary of Health, Education and Welfare

This is an appeal from the district court’s grant of summary judgment in favor of the Secretary of Health, Education and Welfare affirming the denial of appellant’s application for black lung benefits under 30 U.S.C. §§ 921(a) and 922(a)(2).

Appellant’s husband died January 16, 1959 as he was preparing to depart from his home to go to work at a mine tipple. The relevant medical evidence produced at a hearing before an administrative law judge conducted August 31, 1973, consisted of two items: (1) Dr. William Clarke’s report based upon his review of evidence supplied to him that it was “within…