Allen v. Holland

36 F. Supp. 2d 325, 1997 U.S. Dist. LEXIS 23127, 1997 WL 1068627
CourtDistrict Court, S.D. West Virginia
DecidedAugust 6, 1997
DocketNo. 5:96-0737
StatusPublished
Cited by1 cases

This text of 36 F. Supp. 2d 325 (Allen v. Holland) is published on Counsel Stack Legal Research, covering District Court, S.D. West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allen v. Holland, 36 F. Supp. 2d 325, 1997 U.S. Dist. LEXIS 23127, 1997 WL 1068627 (S.D.W. Va. 1997).

Opinion

MEMORANDUM OPINION AND ORDER

HALLANAN, Senior District Judge.

This matter is before the Court via the parties’ cross motions for summary judgment and memoranda in support thereof.

Having carefully reviewed the parties’ motions, memoranda, and exhibits, the Court is now prepared to render its ruling.

I.

Plaintiff initiated this action to obtain benefits from Defendants under the terms of the United Mine Workers of America 1974 Pension Trust Plan (“UMWA”) pursuant to 29 U.S.C. § 1132. The issue before the Court is whether the Defendant Trustees of the [326]*326UMWA abused their discretion in denying Plaintiff disability benefits on the basis that he has failed to establish that his disability is the result of a work-related accident.

II.

The standard of review herein is a limited one. In Boyd v. Trustees of the UMWA Health & Retirement Funds, 873 F.2d 57, 59 (4th Cir.1989), the United States Court of Appeals for the Fourth Circuit held that the 1974 Pension Plan bestows sufficient discretion upon its trustees to render an abuse of discretion standard applicable. Richards v. UMWA Health & Retirement Funds, 895 F.2d 133, 135 (4th Cir.1990). Accordingly, in the case sub judice, the Defendants’ decision to deny Plaintiff pension benefits should not be disturbed if reasonable. See DeWitt v. State Farm Insurance Cos. Retirement Plan, 905 F.2d 798, 801 (4th Cir.1990); de Nobel v. Vitro Corp., 885 F.2d 1180, 1187-88 (4th Cir.1989).

Plaintiff claims herein that Defendants’ decisions denying him benefits constitute an abuse of discretion because they are not supported by substantial evidence and that the evidence in the record shows that his disability was in fact work-related. Under Fourth Circuit case law, a showing that the trustees’ decision lacks substantial evidence is one of the methods in which a claimant may establish an abuse of discretion. Boyd, 873 F.2d at 60; Richards, 895 F.2d at 135.

Substantial evidence, it has been held, is evidence which a reasoning mind would accept as sufficient to support a particular conclusion. It consists of more than a mere scintilla of evidence but may be somewhat less than a preponderance. If there is evidence to justify a refusal to direct a verdict were the case before the jury, then there is ‘substantial evidence’

Laws v. Celebrezze, 368 F.2d 640, 642 (4th Cir.1966) (citations omitted); accord LeFebre v. Westinghouse Electric Corp., 747 F.2d 197, 208 (4th Cir.1984).

Provided there is no clear error of law, however, a reviewing court should uphold the decision of the trustees which is supported by substantial evidence even though substantial evidence exists which would also support a contrary result. Consolo v. Federal Maritime Comm’n, 383 U.S. 607, 619-21, 86 S.Ct. 1018, 16 L.Ed.2d 131 (1966). Moreover, a reviewing court’s determination of whether the trustees’ decision of eligibility is supported by substantial evidence must be limited to a consideration of the record before the trustees at the time of their final determination. Berry v. Ciba-Geigy Corp., 761 F.2d 1003, 1007 (4th Cir.1985). The following facts of record are relevant herein.

III.

Defendants’ Pension Trust was created pursuant to Section 302(c) of the “Labor Management Relations Act of 1947.” 29 U.S.C. § 186(c). The Pension Trust was created pursuant to a trust agreement which was part of the collective bargaining agreement entered into in 1974 between the United Mine Workers of America and a group of owners and operators of coal mines which formed the Bituminous Coal Operator’s Association. The trust agreement is incorporated by reference into the National Coal Wage Agreement Act of 1974 under the heading “Health and Retirement Benefits.”

Under the aforementioned wage agreement and pursuant to the 1974 Trust Fund Plan, a pension is established for bituminous coal miners who are rendered totally disabled as a result of a coal mining accident.

IV.

Plaintiff, a member of the United Mine Workers’ of America, allegedly suffered an injury on January 15, 1993, while employed by a signatory employer. (Plaintiffs Brief, p. 1-2). Plaintiff stated that the injury occurred while he had been “cleaning out a pre-wet, bent over and back pain occurred.” (Joint Exhibit A, p. 119). Plaintiff alleges that this injury caused him to be permanently disabled.

On February 8, 1993, Dr. Prasadarao B. Mukkamala examined Allen for back injuries he sustained on January 15, 1993. In his report, Dr. Mukkamala stated:

[327]*327[T]he claimant did not suffer any work related injury on 1-15-93. He simply developed back pain on bending over which cannot really be considered as an injury. With longstanding back problems like the one he has, it is expected that the patient will occasionally have back pain on an ongoing basis, particularly aggravated with maneuvers like bending over.

(Id. at 10-11). Dr. Mukkamala further determined that Allen was able to return to work immediately. (Id.).

Dr. C. Richard Daniel, Jr., took X-rays of Plaintiffs back which revealed “progressive degenerative changes at the L4-L5 level with ... disc space narrowing and sclerosis and eburnation along the vertebral end plates.” (Id. at 272). Dr. Daniel found no evidence of spondylolysis or spondylolisthesis. (Id.)

On March 3,1993, Dr. Adnan N. Silk noted that Plaintiff “was standing on a ladder and bending forward to clean the plant when he twisted his back.” (Id. at 278). Dr. Silk diagnosed Plaintiff with low back sprain. (Id.). He recommended surgery but Plaintiff refused. (Id. at 279, 297, 298).

Dr. J. Willis’ examination of Plaintiff on April 12, 1993 revealed a herniated nucleus pulposus and narrowing at L4-5 area on the right side. (Id. at 280).

On May 7, 1993, Dr. Saghir R. Mir noted Plaintiffs lower back strain and Plaintiffs restriction of motion on his lumbar spine and decreased sensation in the nerve roots on the left side of the L-5 and S-l area. (Id. at 1114). During Dr. Mir’s follow-up examination of Plaintiff on September 15, 1993, Dr. Mir stated that Plaintiff “injured his lower back on 1-15-93 standing in an awkward position.” (Id. at 1155). His conclusion was that Plaintiff reached his maximum level of improvement. (Id. at 1157).

Plaintiff was diagnosed by Mari Sullivan Walker, M.A.

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36 F. Supp. 2d 325, 1997 U.S. Dist. LEXIS 23127, 1997 WL 1068627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-holland-wvsd-1997.