[DOWNLOAD] "Newman v. Gardner" by United States Court Of Appeals For The Sixth Circuit " eBook PDF Kindle ePub Free

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eBook details

• Title: Newman v. Gardner
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 12, 1967
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

The plaintiff, an Eastern Kentucky underground coal miner from the time he was seventeen years old, stopped working in February, 1962, at the age of 38. He filed a claim for disability benefits in June of 1962 due to "neck injury, silicosis, ruptured disc, hemorrhoids, and numb spells in his left leg." The defendant Secretary determined that the only medically determinable impairment was and is an intervertebral disc lesion which (a) is remedial with reasonable effort and safety to the plaintiff, and (b) even unremedied, did not prevent the plaintiff from engaging in gainful occupations, such as assembler of light fixtures or electrical accessories, base remover, inspector in plastic and fabric industries, glass products inspector, contact plate assembler, element setter and other nonarduous jobs, which exist in the Southern West Virginia-Eastern Kentucky area where the plaintiff resides. The District Court (Senior District Judge H. Church Ford, serving by Designation) concluded that, while the finding in respect of the remedial aspect of the impairment was not supported by substantial evidence, nonetheless, the finding in respect of the residual ability of the appellant to engage in other (than coal mining) types of substantial gainful activity was "sustained by substantial evidence and is conclusive."

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