Legal Opinion
James H. Whitman v. Joseph A. Califano, Jr., Sec. Of Health, Education and Welfare
Court of Appeals for the Fourth Circuit
Decided March 20, 1980No. 78-1124PublishedCited by 6 opinions
1Opinion of the Court
BUTZNER, Circuit Judge:
James Whitman appeals the Secretary’s denial of black lung benefits under the Federal Coal Mine Health and Safety Act of 1969, as amended in 1972. We reverse and remand for an award of benefits.
Whitman, who is 68 years old, testified that he worked 24 years as a miner. From 1936 to 1944 he hand-loaded coal on a pan line conveyor. From 1944 until the mine closed in 1960, he operated a cutting machine. All of his work was underground at the face of the mine. He was employed by the state highway department for the next seven and a half years and then worked intermittently…
2Cases cited8 opinions
- Anthony Gober v. David Matthews, as Secretary of Health, Education and WelfareCourt of Appeals for the Third Circuit · 1978
- Joseph D. Arnold v. Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1977
- George T. King v. Joseph A. Califano, Jr., Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1980
- Charles E. Bozwich v. David Mathews, Secretary of Health, Education and WelfareCourt of Appeals for the Eighth Circuit · 1977
- Petry v. CalifanoCourt of Appeals for the Fourth Circuit · 1978
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ernest Hampton v. United States Department of Labor Benefits Review Board, Beatrice Pocahontas Coal Company, Old Republic CompaniesCourt of Appeals for the Fourth Circuit · 1982
- Roy J. Napier v. Director, Office of Workers Compensation ProgramsCourt of Appeals for the Fourth Circuit · 1989
- Evelyn Winfrey v. Joseph A. Califano, Jr., Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1980
- Drexell Journell v. Southern Appalachian Coal Company Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Fourth Circuit · 1994
- Ernest Hampton v. United States Department of Labor Benefits Review Board, Beatrice Pocahontas Coal Company, Old Republic CompaniesCourt of Appeals for the Fourth Circuit · 1982
1 more not listed; retrieve them via the Exa API.