Legal Opinion

Lauretta L. Dobbins v. Richard Schweiker, Secretary of Health and Human Services

Court of Appeals for the Ninth Circuit

Decided April 20, 1981No. 78-3100PublishedCited by 7 opinions

1Opinion of the Court

GRANT, Senior District Judge:

The sole question before this Court is whether the Secretary’s decision denying benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended by the Black Lung Benefits Act of 1972 (Act), 30 U.S.C. § 901 et seq., was supported by substantial evidence that Dobbins failed to marshal sufficient evidence to establish the existence of a total disability. 1 We find that it was not and reverse.

Elbert Dobbins was a northern Alabama coal miner. He married the plaintiff-appellant in 1917. One morning in June, 1926, he was killed at the mine. He had been…

2Cases cited15 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  3. Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
  4. United States v. Schooner PeggySupreme Court of the United States · 1801
  5. Donald M. Rhinehart v. Robert H. Rinch, Etc. (Wilbur J. Cohen, Secretary of Health, Education and Welfare)Court of Appeals for the Ninth Circuit · 1971

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3Cited by7 opinions

  1. Helen Hillibush, Widow of Edward Hillibush, Deceased v. U.S. Department of Labor, Benefits Review BoardCourt of Appeals for the Third Circuit · 1988
  2. City of Great Falls v. United States Department of LaborCourt of Appeals for the Ninth Circuit · 1982
  3. Dorothy v. Collins v. Old Ben Coal Company and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Seventh Circuit · 1988
  4. Palmer Coking Coal Company v. Director, Office of Workers' Compensation Programs of United States Department of Labor, and George SavickeCourt of Appeals for the Ninth Circuit · 1983
  5. Elizabeth Rapier v. Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 1986

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