Tusing v. Weinberger

MEMORANDUM ORDER

MAXWELL, Chief Judge.

Plaintiff, Allen A. Tusing, instituted this action for judicial review of a final decision of the Secretary of Health, Education, and Welfare denying his claim for black lung benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901 et seq.1 Jurisdiction is founded on § 413(b) of the Act, 30 U.S.C. § 923(b), which incorporates the provisions of § 205(g) of the Social Security Act, 42 U. S.C. § 405(g). Plaintiff’s claim for benefits was filed prior to December 31, 1973, and is therefore within the purview of Part B of…