Brown v. Rock Creek Mining Co.

996 F.2d 812
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 14, 1993
DocketNo. 92-3496
StatusPublished
Cited by44 cases

This text of 996 F.2d 812 (Brown v. Rock Creek Mining Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Rock Creek Mining Co., 996 F.2d 812 (6th Cir. 1993).

Opinions

ANNA DIGGS TAYLOR, District Judge.

Petitioner Frances Brown seeks review of a decision of the Benefits Review Board (“BRB”), United States Department of Labor, which affirmed the decision of the Administrative Law Judge denying her widow’s black lung benefits. Both Petitioner and the Respondent Director, Office of Workers’ Compensation Program, United States Department of Labor (“Director”), argue that the Administrative Law Judge (“ALJ”) and the BRB erroneously interpreted the Black Lung Benefits Act, 30 U.S.C. §§ 901-945 (1986), and 20 C:F.R. § 718.205(c)(2) (1992), the implementing regulation, and urge this Court to adopt the less stringent standard which has been adopted by the Third, Fourth, and Seventh Circuit Courts of Appeals. We agree with Petitioner and Respondent Director, reverse the BRB, and [814]*814remand the case directing the award of widow’s benefits to Petitioner.

I.

Thomas Brown was a coal miner for the seventeen years ending in June, 1984. The Director has identified Respondent Rock Creek Mining Company, Inc. (“Rock”) as the responsible operator, and that identification was not contested below. Mr. Brown filed a claim for benefits under the Black Lung Benefits Act on January 14, 1985; and while his claim was still pending, Mr. Brown died on June 7, 1989. Mr. Brown’s widow, Frances Brown, the claimant here, filed her claim for widow’s benefits on July 26, 1989. The ALJ issued a Decision and Order awarding benefits on the living miner’s claim but denying benefits on the widow’s claim. The ALJ found that, although Mr. Brown was totally disabled by pneumoconiosis, his death was not “due to or significantly caused by pneu-moconiosis” and therefore ruled that Mrs. Brown was not entitled to widow’s benefits under 20 C.F.R. § 718.205(c) (1992).1

Mrs. Brown appealed the ALJ’s determination to the BRB, which on April 30, 1992 affirmed the denial of benefits to the widow. Mrs. Brown appeals the denial of widow’s benefits, and Respondent Rock does not contest the grant of benefits on the living miner’s claim.

II.

Although the immediate cause of Mr. Brown’s death was acute ventricular fibrillation, his treating physician, Dr. Curtis C. Sexton, listed pneumoconiosis as another significant condition contributing to his death, on the death certificate. Dr. Sexton, Mr. Brown’s personal physician who had observed him for years, before and at the time of his death, later wrote to the BRB that in his “professional opinion, Mr. Brown expired after becoming hypoxic, secondary to his well-established lung-disease, developed ven: tricular extopy and subsequently ventricular fibrillation, because he already had a compromised coronary vascular system as well.” He also concluded that there was “overwhelming objective evidence of both emphysema and coal worker’s pneumoconiosis by history, by previous established pulmonary consultation clinically and, subsequently, by post-mortem examination.”

Dr. James H. O’Hara conducted the autopsy and rendered a “Final Anatomic Diagnosis” which included, in part, a finding that Mr. Brown died of “chronic, focally nodular anthraeosilicotic pulmonary disease with associated emphysema histologically consistent with coal miners’ pneumoconiosis.” He also diagnosed atherosclerosis, chronic cholecysti-tis with cholelithiasis, and diverticulosis, sigmoid -colon.

The treating lung specialist, Dr. Richard E. Parrish, reviewed Mr. Brown’s records and determined that he “undoubtedly had significant obstructive lung disease and hy-poxemia” and that his chronically low oxygen level could have contributed significantly to his heart condition.

Respondent Director thereafter asked Dr. Richard L. Naeye to review autopsy slides. The doctor apparently was under the impression from the records that the miner had recently undergone surgery, as he related the death to complications from “recent surgery” and to advanced arteriosclerotic coronary disease, in his report. Mr. Brown, however, had not undergone surgery since 1985, four years before his death. Dr. Naeye also diagnosed moderately severe pneumoconio-sis, but concluded that' “[i]t is most unlikely that pneumoconiosis played a role in this man’s death.”

The ALJ accorded decisive weight to Dr. Naeye and denied widow’s benefits because, although the death certificate gave pneumo-coniosis as a “significant other condition,” it was not listed as a specific cause of Mr. Brown’s death. The ALJ therefore deter[815]*815mined that the miner’s death was not due to or significantly caused by pneumoconiosis.

III.

This case turns upon the proper interpretation of 20 C.F.R. § 718.205(c)(2) (1992). Petitioner and Respondent Director urge this Court to adopt the Director’s interpretation that pneumoconiosis is a “substantially contributing cause” of death if the pneumoconio-sis, even if not a proximate cause of death, had a tangible effect on a miner’s death. This position has been adopted by three other circuits.

Lukosevicz v. Director, OWCP, 888 F.2d 1001 (3d Cir.1989) is the leading ease on interpretation of this regulation, and factually similar. There, the evidence was that the miner’s pneumoconiosis had shortened his life, although pancreatic cancer unrelated to his pneumoconiosis was the primary cause of death. The Court traced the history of the 1981 Black Lung Benefits Amendments, as well as the regulatory history of 20 C.F.R. § 718.205 (1983), and concluded that the Director’s interpretation was neither plainly erroneous nor inconsistent with the regulatory history of the regulation. It remanded the case to the BRB for payment of benefits because the disease was a substantially contributing cause of the miner’s death.

The Fourth Circuit also adopted the Director’s present position on this issue in Shuff v. Cedar Coal Co., 967 F.2d 977 (4th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 969, 122 L.Ed.2d 124 (1993). “[Pneu-moconiosis substantially contributes to death if it serves to hasten death in any way.” Id. at 979 (quoting the brief of the Director). The Shuff Court noted that the Director’s interpretation of the regulations is entitled to substantial deference from the Court. Pauley v. BethEnergy Mines, Inc., — U.S. -,-, 111 S.Ct. 2524, 2534, 115 L.Ed.2d 604 (1991).

The Seventh Circuit also deferred to the Director’s interpretation of “his own con-cededly valid regulation” in Peabody Coal Co. v. Director, OWCP, 972 F.2d 178, 183 (7th Cir.1992) (citing Lukosevicz, 888 F.2d at 1005). That Court found that the Director’s interpretation provided a workable standard for evaluating whether a miner’s death was considered due to pneumoconiosis and noted that “the Director’s interpretation ... is controlling ‘unless it is plainly erroneous or inconsistent with the regulation.’” Peabody Coal Co. v. Blankenship,

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Bluebook (online)
996 F.2d 812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-rock-creek-mining-co-ca6-1993.