Treadway v. Califano

HAYNSWORTH, Chief Judge:

Ordinarily, a court should apply the law as it exists at the time of decision. Bradley v. Richmond School Board, 416 U.S. 696, 94 S.Ct. 2006, 40 L.Ed.2d 476 (1974). Newly enacted statutes usually are to be given effect in still pending judicial proceedings. But the Black Lung Benefits Reform Act of 1977, enacted on March 1, 1978, we conclude, is an exception to the rule.

I

In 1970 the claimants in these two cases filed applications for benefits under the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C.A. § 801, et seq. After final administrative denial of these…