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FREEMAN v. HARRIS

No. 78-3551.

625 F.2d 1303 (1980)

Albert W. FREEMAN, Plaintiff-Appellee, v. Patricia Roberts HARRIS, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 19, 1980.

Attorney(s) appearing for the Case

J. R. Brooks, U. S. Atty., Elizabeth E. Todd, Asst. U. S. Atty., Birmingham, Ala., Walter E. McCabe, Jr., Baltimore, Md., for defendant-appellant.

William E. Mitch, Birmingham, Ala., for plaintiff-appellee.

Before FAY, KRAVITCH and RANDALL, Circuit Judges.

KRAVITCH, Circuit Judge.

The Secretary of Health, Education and Welfare ("the Secretary") appeals from the decision of the district court that the effect of HEW's practice of offsetting both Social Security disability payments and Black Lung benefits against state workers' compensation payments is contrary to the intent of Congress.1 We affirm in part and reverse and remand in part.

The plaintiff, Albert Freeman, suffered an injury...

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