Bozwich v. Mathews’s Empirical Analysis
558 F.2d 475 · 1977
Citation profile
40 federal appellate ·
How this case has been cited
Cited by 60 later decisions (1 by the Supreme Court) — most recently November 2015 · most notably Mullins Coal Co. of Va. v. Director, Office of Workers' Compensation Programs (1988), Stapleton v. Westmoreland Coal Co. (1986)
40 federal appellate ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 30 U.S.C. § 921 · 30 U.S.C. § 923
Relies on Ehlert v. United States · Northern Indiana Public Service Co. v. Porter County Chapter of Izaak Walton League of America, Inc. · Henson v. Weinberger · In re Neve Drug Stores, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“liberally construed in favor of the miners to insure compensation in worthy cases despite the extreme difficulty of proving the existence of clinically certain medical evidence.”
2 later decisions quote this exact passage · from the majority“if a miner was employed for fifteen years or more in one or more underground coal mines, and if there is a chest roentgenogram submitted in connection with such miner’s, his widow’s, his child’s, his parent’s, his brother’s, his sister’s, or his dependent’s claim under this subchapter and it is interpreted as negative with respect to the requirements of paragraph (3) of this subsection, and if other evidence demonstrates the existence of a totally disabling respiratory or pulmonary impairment, then there shall be a rebuttable presumption that such miner is totally disabled due to pneumoconiosis, that his death was due to pneumoconiosis, or that at the time of his death he was totally disabled by pneumoconiosis. In the case of a living miner, a wife’s affidavit may not be used by itself to establish the presumption. The Secretary shall not apply all or a portion of the requirement of this paragraph that the miner work in an underground mine where he determines that conditions of a miner’s employment in a coal mine other than an underground mine were substantially similar to conditions in an underground mine. The Secretary may rebut such presumption only by establishing that (A) such miner does not, or did not, have pneumoconiosis, or that (B) his respiratory or pulmonary impairment did not arise out of, or in connection with, employment in a coal mine, (emphasis supplied).”
1 later decision quote this exact passage · from the majoritye.g. Padavich v. Mathews“Claimant’s treating physician diagnosed claimant’s condition as chronic bronchitis and found claimant to be totally disabled. Claimant and his wife both submitted evidence showing that his breathing difficulties have resulted in extreme functional limitations. This evidence is sufficient to make out a prima facie case of a totally disabling respiratory or pulmonary impairment entitling plaintiff to the rebuttable presumption that such disability was- due to pneumoconiosis. See Henson v. Weinberger, 548 F.2d 695, 698-99 (7th Cir., 1977). The negative x-ray readings and ventilatory function studies were insufficient to establish that claimant is not entitled to the presumption. Id. at 699 . 558 F.2d at 480 .”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.