Legal Opinion

Harry C. Swiontek v. Railroad Retirement Board

Court of Appeals for the Eighth Circuit

Decided October 7, 1993No. 92-2933PublishedCited by 1 opinion

1Opinion of the Court

JOHN R. GIBSON, Circuit Judge.

Harry C. Swiontek seeks review of the Railroad Retirement Board’s denial of his application for a disability annuity under the Railroad Retirement Act. 1 He argues that the Board’s decision is not supported by substantial evidence. We have carefully reviewed the record, and we affirm.

To receive occupational disability annuity under 45 U.S.C. § 231a(a)(l)(iv) (1988), a claimant must show that he can no longer perform his regular railroad work. The Railroad Retirement Board concluded Swiontek failed to meet this burden. We must determine “whether the Board’s…

2Cases cited8 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. John W. RAUTIO, Appellant, v. Otis R. BOWEN, Secretary of United States Department of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1989
  4. John F. Williams v. U. S. Railroad Retirement BoardCourt of Appeals for the Eighth Circuit · 1978
  5. Eddie L. Peppers v. Railroad Retirement BoardCourt of Appeals for the Seventh Circuit · 1984

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3Cited by1 opinion

  1. United States v. Thomas Chisholm BartshCourt of Appeals for the Eighth Circuit · 1993

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