Legal Opinion

Ernest Gutierrez v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare,defendant-Appellant

Court of Appeals for the Tenth Circuit

Decided January 21, 1980No. 78-1496PublishedCited by 3 opinions

1Opinion of the Court

McKAY, Circuit Judge.

The Secretary of Health, Education and Welfare appeals from a district court order declaring Gutierrez eligible for benefits under the Federal Coal Mine Health and Safety Act (Act), as amended, 30 U.S.C. § 901 et seq. The district court held that a prior decision of the Secretary denying compensation was not supported by substantial evidence and therefore required reversal. Because we believe the administrative decision to have been supported by substantial evidence, we reverse the order of the district court and reinstate the Secretary’s prior decision.

I

Gutierrez, a…

2Cases cited3 opinions

  1. Joe Paluso and Nick S. Kalekas v. F. David Mathews, Secretary of Health, Education and WelfareCourt of Appeals for the Tenth Circuit · 1978
  2. Odie Ingram v. Joseph A. Califano, Jr., Secretary of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1977
  3. Joe Paluso and Nick S. Kalekas v. F. David Mathews, Secretary of Health, Education and Welfare, DefendantCourt of Appeals for the Tenth Circuit · 1977

3Cited by3 opinions

  1. Peter Kowalchick v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1990
  2. Amax Coal Company v. Job W. Anderson & Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1985
  3. Youghiogheny and Ohio Coal Company v. Edward J. Presbylla, Director, Office of Workers' Compensation Programs, United States Department of Labor Benefits Reviesw BoardCourt of Appeals for the Sixth Circuit · 1985

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