Michael Yakim v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare, United States of America

OPINION OF THE COURT

WEIS, Circuit Judge.

In 1978 Congress amended the portion of the Federal Coal Mine Health and Safety Act relating to black lung benefits by enlarging the eligible class of claimants and liberalizing evidentiary requirements to establish a claim. Appeals to the courts since that event raise the recurring question whether the new amendments, particularly those on evidentiary matters, are to be applied retroactively. After careful scrutiny of the statute and its legislative history, we answer that question negatively.

Claimant Yakim was denied black lung benefits by the Social…