James R. Worley v. Patricia Roberts Harris, Secretary of the Department of Health, Education and Welfare

Appellant brought an action under 42 U.S.C. § 405 (g) to obtain judicial review of a final decision of the Secretary of Health, Education & Welfare. The district court dismissed the action, finding that the Secretary had correctly applied the law and that there was substantial evidence to support the Secretary’s decision. We affirm.

FACTUAL BACKGROUND

Appellant is now 62 years old. He injured his back in October, 1973, while working for a construction company. The Oregon Workers’ Compensation Board (Board) awarded appellant temporary-total disability benefits, which were paid periodically starting in December, 1973. When appellant recuperated from back surgery, his doctor released him for work and he returned to his former job in May, 1974. The Board later converted his compensation benefits to the permanent-partial category in the same amount.

In November of 1974, while working around his home, appellant reinjured his back. This aggravation of the earlier back injury necessitated further surgery. Appellant has not worked since November, 1974.

In February, 1975, appellant applied for Social Security disability benefits, alleging an onset date of November, 1974. In his…