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COLLINS v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 83-5214.

734 F.2d 1177 (1984)

John COLLINS, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 31, 1984.

Attorney(s) appearing for the Case

Alva A. Hollon, Jr., Hazard, Ky., Paul Collins, Lexington, Ky. (argued), for plaintiff-appellant.

Louis DeFalaise, U.S. Atty., Fred A. Stine, V., Miles H. Franklin, Peter Davenport (argued), Asst. U.S. Attys., Lexington, Ky., for defendant-appellee.

Before KEITH, MARTIN and KRUPANSKY, Circuit Judges.

BOYCE F. MARTIN, Jr., Circuit Judge.

John Collins, a sixty-eight-year old, with eighteen years experience as a coal miner, seeks black lung benefits under the rebuttable presumption of disability due to pneumoconiosis, under 30 U.S.C. § 921(c)(4). See Part B Title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 U.S.C. § 901. After an exhaustive administrative process, the Secretary...

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