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

U.S. Court of Appeals for the Fifth Circuit
Walter A. Aldridge, Jr. v. Railroad Retirement Board, 285 F.2d 759 (5th Cir. 1961)
1961 U.S. App. LEXIS 5554
Per Curiam, Rives, Wisdom, Wright

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

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.

Reference

Full Case Name
Walter A. ALDRIDGE, Jr., Petitioner, v. RAILROAD RETIREMENT BOARD, Respondent
Cited By
3 cases
Status
Published