Crace v. Kentland-Elkhorn Coal Corp.

109 F.3d 1163, 1997 WL 156845
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 7, 1997
DocketNo. 96-3538
StatusPublished
Cited by4 cases

This text of 109 F.3d 1163 (Crace v. Kentland-Elkhorn Coal Corp.) 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
Crace v. Kentland-Elkhorn Coal Corp., 109 F.3d 1163, 1997 WL 156845 (6th Cir. 1997).

Opinion

MERRITT, Circuit Judge.

SUMMARY

Maisie Crace, the widow of a miner who died in 1988, appeals the decisions of an administrative law judge and the Department of Labor’s Benefits Review Board denying her claim for benefits under the Black Lung Benefits Act, 30 U.S.C. §§ 901-945. We must determine whether the government or Kentland-Elkhorn Coal Corp. is the proper respondent in this case, and if the latter is properly responsible, whether substantial evidence exists to support the administrative law judge’s resolution of the merits of the claim.

FACTS

This case has a long and somewhat complex history. Mr. Crace worked in coal mines in various capacities for much of his life, and was clearly exposed to coal dust. Though the parties apparently once disagreed about the length of Mr. Crace’s coalmine employment, we need not resolve this issue precisely. It is clear — and neither the government nor Kentland-Elkhorn disputes — that this period was at least ten years long, and Mr. Crace is therefore entitled to all the relevant presumptions. See, e.g., 20 C.F.R. § 727.203 (1996) (granting interim presumption to miners who have engaged in coal mine employment for at least ten years).

In 1971, Mr. Crace retired and began to collect Social Security retirement benefits. By this time, according to Mrs. Crace, he was very tired and suffered from a “little cough.” At some point thereafter (the date is unknown), Mr. Crace filed for what is known as a “Part B” claim for Black Lung benefits with the Social Security Administration. The Administration denied this claim. Mr. Crace then filed a claim with the Department of Labor under Part C of the Act on August 4, 1977, claiming that he was totally and permanently disabled as a result of coal workers’ pneumoconiosis, or “black lung.”

An agency official initially granted Mr. Crace’s claim, but then reversed this decision. Prior to a formal hearing on the merits of the claim, an administrative law judge dismissed the employer, Kentland-Elkhorn Coal Corp., as the respondent to the claim, on the theory that liability should have been transferred to the government through the Black Lung Disability Trust Fund. This ad[1165]*1165ministrative law judge then awarded benefits to Mr. Crace based on the medical evidence available at the time. See Decision and Order Awarding Benefits (J.A: at 42).

The Benefits Review Board vacated the administrative law judge’s decision, however, based on its conclusion that liability should not have transferred to the Trust Fund. As a result, it remanded the ease to allow the coal company, which had not been a party to the proceeding after its dismissal, to defend the claim. See Decision and Order (J.A. at 37).

The Benefits Review Board made this first decision in May of 1986, nearly nine years after Mr. Crace’s claim. It would take another nine and a half years before the case finally made it back up to the Board. In the meantime, various administrative law judges remanded the case to the agency several times. Mr. Crace died, in 1988, of metastatic lung cancer. (His death certificate lists metastatic lung cancer as the immediate cause of death, and pneumoconiosis “by history” as a significant contributing cause.) Mrs. Crace filed a survivor’s claim, which the agency denied once in 1989 and twice in 1990.

Finally, Mrs. Craee’s claims made their way back to an administrative law judge, who denied the claims on the merits. The Benefits Review Board affirmed, and this pro se appeal follows.

I.

The first question we address is the Benefits Review Board’s determination that the coal company is the proper respondent to this claim. Though the Board came to this conclusion over ten years ago, it was not a final judgment then and is reviewable on appeal now. See Youghiogheny & Ohio Coal Co. v. Baker, 815 F.2d 422, 424-25 (6th Cir. 1987) (holding that Board’s decision that miner’s claim did not transfer to the Black Lung Disability Trust Fund was not a final, appeal-able order where the Board also remanded for determination of the merits of the claim).

This procedural issue has a direct and somewhat unusual impact on the outcome of this case. The government concedes that if it is the proper respondent here, then benefits are due to Mrs. Crace, presumably because the first administrative law judge granted benefits to Mr. Crace when the government was a party. Br. of the Federal Respondent at 11. Because the government makes this concession, we need not determine whether and to what extent it would be legally bound by this first administrative law judge’s adverse decision. As discussed below, we hold that there was substantial evidence for the most recent administrative law judge’s conclusion that Mr. Crace was not disabled by — and did not die of — pneumoconiosis. Thus, if the liability for this claim should have transferred to the Black Lung Disability Trust Fund, Mrs. Crace must prevail. If the Board was correct in 1986 that liability should not transfer, however, we must deny her claims.

Title IV of the Federal Coal Mine Health and Safety Act of 1969 established two programs — Parts B and C — under which coal miners totally disabled by work-related pneumoconiosis could receive benefits. See 30 U.S.C. §§ 901-945 (1997). The date on which claims were filed determined whether they were adjudicated under Part B or Part C. Part B was a federally funded program, administered by the Social Security Administration, which governed all claims for benefits filed before January 1, 1973. Originally, Part C was a joint federal and state program, administered by the Department of Labor, which governed claims filed between January 1, 1973 (later postponed to January 1, 1974) and December 31,1976.

Under amendments passed in 1977 and 1981, Congress created the Black Lung Liability Trust Fund, a government fund against which miners could make claims under certain circumstances. The legislation sought simultaneously to establish more lenient standards of eligibility for benefits and, where the miner did not qualify under the Trust Fund, to hold individual coal operators liable for claims arising from their operations. These provisions provide that “no benefit shall be payable by any operator on account of death or total disability due to pneumoconiosis ... which was the subject of a claim denied before March 1, 1978, and which is or has been approved in accordance [1166]*1166with the provisions of section 945 of this title.” 30 U.S.C. § 932(c) (1997). In turn, 30 U.S.C. § 945 provides that all claims denied prior to March 1, 1978 were eligible for reopening and transfer to the Trust Fund. Review of pending or denied Part C claims was automatic.

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