Robert Buso v. Donna Shalala, Secretary of Health & Human Services

53 F.3d 337 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert BUSO, Plaintiff-Appellant, v. Donna SHALALA, Secretary of Health & Human Services, Defendant-Appellee. No. 93-56645. United States Court of Appeals, Ninth Circuit. Submitted April 6, 1995. * Decided April 14, 1995. 1 Before: NOONAN, O'SCANNLAIN and LEAVY, Circuit Judges 2 MEMORANDUM ** 3 Robert Buso (Buso) appeals the judgment of the district court affirming the denial by the Secretary of Health and Human Services (the Secretary) of Buso's application for disability benefits. We affirm. 4 The bulk of Buso's working life was spent as a forklift operator for National Steel & Shipbuilding Company (NASSCO). On January 20, 1988, he injured his back, and it is unquestioned that he cannot return to his old job as a fork lift operator. However, following his injury NASSCO assigned him to its "light duty program" where for a year he attended the parking lot, pumped gas, and acted as a security guard at the…