Hightower v. Califano

Order Before: MERRITT and JONES, Circuit Judges; WISEMAN, District Judge* In this black lung case, the Secretary appeals from an adverse decision of District Judge Gordon finding an absence of substantial evidence to support the Secretary's decision that plaintiff Hightower was not totally disabled due to pneumoconiosis. We agree with the judgment of the District Judge for the reasons set out in the opinion below. We do not believe that the negative reading of an X-ray by a government radiologist and one negative pulmonary function study is sufficient to overcome the otherwise strong evidence of totally disabling pneumoconiosis as found by three examining physicians, three radiologists, who read X-rays as positive for pneumoconiosis, and one pulmonary function study. Accordingly, the judgment of the District Court is affirmed.