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COUCH v. SECRETARY OF HEALTH & HUMAN SERVICES

No. 84-5541.

774 F.2d 163 (1985)

Elijah COUCH, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 11, 1985.

Attorney(s) appearing for the Case

Phyllis Robinson Smith, argued, Hyden, Ky., for plaintiff-appellant.

Louis DeFalaise, U.S. Atty., Eldon F. Webb, Karl L. Anderson, John Osborn, argued, Lexington, Ky., for defendant-appellee.

Before LIVELY, Chief Judge, CONTIE, Circuit Judge, and PECK, Senior Circuit Judge.

CONTIE, Circuit Judge.

Elijah Couch appeals from an order of the district court affirming the denial of black lung benefits by the Secretary of Health and Human Services. The appeal is taken pursuant to the Black Lung Benefits Act of 1969, as amended, 30 U.S.C. § 901 et seq. Part B of this Act establishes a program for the payment of benefits to coal miners who are totally disabled due to pneumoconiosis arising out of coal mine employment. For the reasons...

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