Plaintiffs' Alleged Ailments Contradict Medical Testimony, Denial of Benefits Affirmed

CINCINNATI -- The 6th Circuit U.S. Court of Appeals has upheld the denial of for a plaintiff who alleged a number of ailments, including his development of asbestosis, precluded him from working. Rowe v. Railroad Retirement Board, No. 03-3965 (6th Cir.).

In the Nov. 9 decision, the 6th Circuit found that the Railroad Retirement Board did not err when determining that the claimant's testimony regarding the severity of his ailments differed greatly from medical evidence presented on his behalf.

Plaintiff John Rowe claimed that a variety of ailments, including asbestosis, entitled him to disability annuity under the Railroad Retirement Act …