Court of Appeals for the Tenth Circuit March 7, 1978, 76-1464, 76-1766 (Joe Paluso and Nick S. Kalekas v. F. David Mathews, Secretary of Health, Education and Welfare)

OPINION ON REHEARING

BARRETT, Circuit Judge.

In these consolidated cases, the Secretary of Health, Education and Welfare (HEW) appeals from orders relating to the claims of two coal miners for disability benefits filed by reason of their alleged condition of pneumoconiosis (black lung). The claims were filed pursuant to Title IV, Federal Coal Mine and Safety Act of 1969, as amended 1972, 30 U.S.C.