Opinion

Walter A. Aldridge, Jr. v. Railroad Retirement Board

  • 285 F.2d 759
  • 1961 U.S. App. LEXIS 5554
Court
Court of Appeals for the Fifth Circuit
Filed
Jan 17, 1961
Status
Published
On the bench
Per Curiam, Rives, Wisdom, Wright
Cited by
3 cases
Authority
More cited than 72.7%

The opinion

PER CURIAM.

The Petitioner asks the Court to set aside a decision of the Railroad Retirement Board that he was not entitled to an annuity under Section 2(a)5 of the Railroad Retirement Act (45 U.S. C.A. § 228b(a), subd. 5. The petitioner contends that: (1) the Board’s decision is not supported by substantial evidence; and, (2) the Board erred in holding that “the test to be applied in determining whether an individual is ‘unable to engage in any regular employment’ [the language of the Act] is not whether he is disabled for service in his usual occupation, but whether he is permanently disabled for any regular and gainful employment, within or without the Railroad industry, which is substantial and not trifling”. Such a case is peculiarly a fact case; we hold that substantial evidence supports the finding. In addition, we find that the Board correctly applied the law to the facts. Squires v. Railroad Retirement Board, 5 Cir., 1947, 161 F.2d 182 ; Watts v. Railroad Retirement Board, 5 Cir., 1945, 150 F.2d 113 . The relief prayed for in the petition for review is therefore denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.