is able to perform the job requirements of a variety of jobs existing in the American economy and specifically in the area of his residence. He described claimant's appearance as demonstrating "* * * neither gross signs of ill health nor acute distress." He pointed out that claimant had not registered with the Bureau of Employment Security and had made no appreciable effort to obtain work. Moreover, he reasoned that claimant left his employment as a garbage collector on September 29, 1966, in order not to prejudice his right to Occupational Disease benefits under Pennsylvania law.
The evidence in this case consisted of the oral testimony of claimant and Dr. Joseph A. Szuhay, a vocational expert, as well as medical reports submitted by Dr. S. R. Pettinato and Dr. Edward P. Swartz. It is evident that the Hearing Examiner gave little weight to claimant's complaints about shortness of breath and pain, pointing out that he is not required to accept them at face value, especially in view of the lack of supporting medical data.
Three doctors examined plaintiff. In 1963, Dr. Joseph J. O'Brien, a radiologist, performed an X-ray and found no evidence of an infection or primary or metastic malignancy. His impression was bilateral grade #2 anthracosilicosis.
From October, 1966, to March, 1967, Dr. Salvatore R. Pettinato, a general practitioner, examined claimant monthly. A December, 1966, X-ray disclosed anthracosilicosis, Stage III, with bilateral emphysema. His diagnosis, after his monthly examinations, was anthracosilicosis, Stage III, bilateral moderately advanced emphysema.
Dr. Edward P. Swartz, an internal medicine practitioner with a subspeciality in pulmonary diseases, examined claimant on two occasions -- March 20, 1967, and July 18, 1967. His March summary indicated no chest wall deformity, no clubbing of his fingers, no emphysema, no chest pain, cyanosis or dyspnea, and concluded that the claimant's medical prognosis and capacity for work was "good." Dr. Swartz performed a lung X-ray as part of his examination and concluded that the lungs were normal. In addition, ventilation studies were performed and no impairment appeared. His July examination indicated no appreciable change in physical status since March and the blood gas studies performed indicated an adequate gas exchange and pulmonary reserve.
Subsequent to the hearing in this case, Dr. Pettinato submitted a statement to the effect that while he declared plaintiff totally disabled, plaintiff could perform sedentary work, not in excess of two to three hours per day for any sustained period.
As can be seen, the findings of Dr. Pettinato and Dr. Swartz were in conflict. The Examiner was impressed by the more specialized means utilized by Dr. Swartz in regard to cardiac pathology and also his analysis of ventilatory studies, blood gas studies and exercise tolerance tests. Consequently, he concluded that plaintiff's impairments were not of such severity as to preclude him from engaging in any substantial gainful activity under the Act. The Examiner was similarly impressed by the testimony of Dr. Szuhay, which he referred to as follows:
"In this regard a well qualified vocational expert testified at the hearing to the effect that even assuming the existence of impairments based on the objective findings of record and considering claimant's past employment experience, education, and age, various types of light or sedentary employment would be within claimant's occupational qualifications and could be adequately performed by him. Further the testimony disclosed that such jobs are available to the claimant even with his impairments."