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U. S. PIPE & FOUNDRY CO. v. WEBB

No. 77-2713.

595 F.2d 264 (1979)

U. S. PIPE AND FOUNDRY COMPANY, Petitioner, v. Charles WEBB and Corda Webb, and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

May 18, 1979.

Attorney(s) appearing for the Case

John H. Morrow, W. L. Green, Linda A. Bunsey, Birmingham, Ala., for petitioner.

Walter W. Furner, Bessemer, Ala., Laurie M. Streeter, Assoc. Sol., U. S. Dept. of Labor, N.D.O.L., Carin Ann Clauss, Sol. of Labor, Dept. of Labor, Christopher Giuliana, Atty., John S. Lopatto, III, Atty., Dept. of Labor, Washington, D.C., for respondents.

Before RONEY, RUBIN and VANCE, Circuit Judges.

VANCE, Circuit Judge:

On April 19, 1974, Charles Webb, employed for twenty-nine years as a coal miner by U.S. Pipe and Foundry Company, submitted a claim for black lung benefits under the Federal Coal Mine Health and Safety Act of 1969 (the FCMHSA), as amended. Webb died on March 12, 1975. His widow, Corda Webb, claimed widow's benefits under the FCMHSA on March 27, 1975. The claims were consolidated, and the hearing officer concluded that Charles Webb was totally...

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