Legal Opinion

Clarence C. Sharpless v. Joseph A. Califano, Jr., Secretary of the Department of Health, Education and Welfare

Court of Appeals for the Fourth Circuit

Decided October 16, 1978No. 77-1219PublishedCited by 23 opinions

1Opinion of the Court

WINTER, Circuit Judge:

The principal issue which concerns us in this appeal is the right of the Secretary and his designees, in the course of administrative proceedings to determine an entitlement to black lung benefits under the Federal Coal Mine Health and Safety Act, 30 U.S.C. §§ 901 et seq., 1 to make a credibility determination between so-called “A” and “B” readers of chest roentgenograms (x-rays) as to whether such x-rays establish the existence of pneumoconiosis. We hold that the Secretary is authorized to make this determination and, as a consequence, we affirm the order of the…

2Cases cited5 opinions

  1. Treadway v. CalifanoCourt of Appeals for the Fourth Circuit · 1978
  2. Campbell v. WeinbergerDistrict Court, N.D. West Virginia · 1975
  3. Ward v. MathewsDistrict Court, E.D. Tennessee · 1975
  4. Welsh v. WeinbergerDistrict Court, D. Maryland · 1975
  5. Harness v. WeinbergerDistrict Court, E.D. Tennessee · 1975

3Cited by23 opinions

  1. Mullins Coal Co. of Va. v. Director, Office of Workers' Compensation ProgramsSupreme Court of the United States · 1988
  2. Penley v. Island Creek Coal Co.Court of Appeals of Virginia · 1989
  3. Armand Pavesi v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1985
  4. Consolidation Coal Company v. James Sanati, Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1983
  5. Joseph F. Markus v. Old Ben Coal Company and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1983

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