(DOWNLOAD) "Haywood v. Califano" by United States Court Of Appeals For The Sixth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Haywood v. Califano
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 27, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Before: WEICK and JONES, Circuit Judges and DUNCAN, District Judge* Order This case is before the Court on appeal from a judgment of the United States District Court for the Eastern District of Kentucky affirming the denial of ""black lung"" benefits to a coal miner claimant. Upon consideration, we vacate the judgment and remand for reconsideration in light of our recent decision in Miniard v. Califano, 618 F.2d 405 (6th Cir. 1980). In Miniard, this court discussed the use of X-ray evidence as ""other evidence"" establishing the presumption created by § 921(c)(4) and what the Secretary may use to rebut that presumption. On remand, the district court is to apply the principles set forth in Miniard. We render no opinion on Haywood's entitlement in the instant case, but leave that decision to the District Court upon a careful review in light of Miniard. Accordingly, it is ORDERED that the judgment is vacated and the case is remanded for reconsideration in light of Miniard v. Califano, 618 F.2d 405 (6th Cir. 1980).