KIMBLER v. COHEN

No. 18827.

408 F.2d 642 (1969)

Ruth KIMBLER, Administratrix of the Estate of Harry Kimbler, Plaintiff-Appellant, v. Wilbur J. COHEN, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

April 2, 1969.


Attorney(s) appearing for the Case

Ronald W. May, Pikeville, Ky., for appellant.

Moss Noble, Asst. U. S. Atty., Lexington, Ky., for appellee. George I. Cline, U. S. Atty., Lexington, Ky., on the brief.

Before WEICK, Chief Judge, and PHILLIPS and COMBS, Circuit Judges.


COMBS, Circuit Judge.

Harry Kimbler, appellant's intestate, suffered a back injury in March, 1963 while operating a jack-hammer in the course of his employment as a construction worker. He later returned to work and was struck on the head by a piece of flying rock. He did not work after this, complaining of back pain, dizziness, and blackouts upon moderate or heavy exertion.

Kimbler made claim for disability benefits under the Social Security Act, 42 U.S.C...

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