Cosand v. Secretary of Health, Education & Welfare

MEMORANDUM OPINION AND ORDER

JOINER, District Judge.

This case involves the use to be made of and effect of the statutory presumption in the Black Lung Benefits Act of 1972.

Plaintiff is an 85-year-old widow who asks this court to review the decision of the Secretary of Health, Education and Welfare denying her claim for benefits under the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. § 901 et seq., as amended. Under 30 U.S.C. § 923(b) and 42 U.S.C. § 405(g), the court may affirm, modify, or reverse the Secretary’s decision, but the Secretary’s findings are conclusive if they are…