VANCE v. HOLLAND

No. CIV. A. 97-0269-B.

22 F.Supp.2d 529 (1998)

Arnold VANCE, Plaintiff, v. Michael HOLLAND, et al., Defendants.

United States District Court, W.D. Virginia, Big Stone Gap Division.

October 5, 1998.


Attorney(s) appearing for the Case

Lewey Keith Lee, Paul L. Phipps, Wise, VA, for Plaintiff.

Charlie R. Jessee, Abingdon, Jerry Mims, Washington, DC, for Defendants.


OPINION

JONES, District Judge.

The question in this case is whether a coal miner who suffered a back injury that did not involve force or impact to the body was properly held by the mine workers pension plan not to be qualified for a disability pension. Finding that substantial evidence supported the decision to deny pension benefits, I hold that the plan's decision was not an abuse of discretion and grant the defendants' motion for summary judgment.

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