PHILLIPS v. MATHEWS

No. 76-2252.

555 F.2d 1182 (1977)

Everette PHILLIPS, Appellee, v. F. David MATHEWS, Secretary of Health, Education and Welfare, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 10, 1977.


Attorney(s) appearing for the Case

Joan E. Kaehne, Asst. Regional Atty., Dept. of Health, Education and Welfare (Stephanie W. Naidoff, Regional Atty., Dept. of Health, Education and Welfare, Philadelphia, Pa., Paul R. Thomson, U. S. Atty., and Robert S. Stubbs, Asst. U. S. Atty., Roanoke, Va., on brief), for appellant.

Carl E. McAfee, Norton, Va. (Donald E. Earls and Cline, McAfee, Adkins & Gillenwater, Norton, Va., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and CRAVEN and WIDENER, Circuit Judges.


PER CURIAM:

Under 20 C.F.R. § 410.414(b), promulgated by the Secretary pursuant to statutory authority, a coal miner who demonstrates the existence of a totally disabling chronic respiratory or pulmonary impairment and who has worked 15 years or longer in the coal mines will be presumed, in the absence of evidence to the contrary, to be totally disabled due to pneumoconiosis and to be entitled to special benefits under the Act. In a carefully considered opinion...

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