George T. King v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare , 615 F.2d 1018 ( 1980 )

HAYNSWORTH, Chief Judge,

dissenting:

I would affirm.

The statement that Dr. Hamilton has a “penchant for making elaborate diagnoses based upon opaque x-ray films” is unsupported on this record. It may be that the administrative law judge had encountered this elderly physician before. However, it is a shorthand means of stating why Dr. Hamilton’s opinion is disregarded when derived from a film which highly qualified readers find so opaque as to be uninformative. Nor do I find Dr. Hresan’s references to the heart and spine as showing reliance upon anything other than the x-ray film in reaching his conclusion about the patient’s respiratory problem.

Since I find in the record support for the Secretary’s conclusion, I would affirm.