Marlow v. Mathews

MEMORANDUM

ROBERT L. TAYLOR, District Judge.

This is an action to review the final decision of the Secretary of the Department of Health, Education and Welfare denying plaintiff’s claim as a miner for black lung benefits pursuant to the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq.

Plaintiff is a 62-year-old ex-coal miner with a first-grade education who worked in underground mines from about 1939 until 1954 when he was laid off. He has not been employed since that time.

The Hearing Examiner did not make a specific finding as to how many years plaintiff was…