Doris Coal Co. v. Director, Office of Workers' Compensation Programs

938 F.2d 492, 1991 WL 117979
CourtCourt of Appeals for the Fourth Circuit
DecidedJuly 3, 1991
DocketNo. 90-2737
StatusPublished
Cited by3 cases

This text of 938 F.2d 492 (Doris Coal Co. v. Director, Office of Workers' Compensation Programs) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doris Coal Co. v. Director, Office of Workers' Compensation Programs, 938 F.2d 492, 1991 WL 117979 (4th Cir. 1991).

Opinion

OPINION

CHAPMAN, Senior Circuit Judge:

Appellants Doris Coal Company and Old Republic Insurance Company appeal the decision of the Benefits Review Board (the “Board”) of the United States Department of Labor (“DOL”) awarding certain health care benefits under the Black Lung Benefits Act to claimant-appellee Noah Stiltner. We affirm in part and reverse in part, and we remand for further proceedings consistent with this opinion.

I.

Stiltner, born in 1925, worked as a coal miner for Doris Coal for 32 years until he became disabled in 1971 at the age of 46. Prior to 1973 Stiltner filed a claim for benefits with the Social Security Administration under part B of the Black Lung Benefits Act (“the Act”) and began receiving regular compensation from the Social Security Administration. Part B benefits are monthly cash benefits paid by the federal government to eligible claimants and do not involve the DOL or mine operators such as appellants. However, part B benefits do not include any health care benefits, which were provided for in part C.

In 1978, Congress amended part C to allow part B miner-beneficiaries to apply for medical benefits under part C. 30 U.S.C. §§ 931-945. This aspect of the Act, which is administered by the DOL, established a temporary employer-funded federal workers’ compensation program to provide benefits in cooperation with the states for total disability or death due to pneumo-coniosis. To set up the structure for the private funding, the amendment incorporated substantial parts of the Longshoremen’s and Harbor Worker’s Compensation Act (“LHWCA”). 33 U.S.C. §§ 901-948. The LHWCA provides that the responsible employer or its insurance carrier must pay the cost of medical care needed by the worker as a result of any occupationally related injury or disease that is otherwise compen-sable. 33 U.S.C. § 907. Thus, part C was implemented to require employers to reimburse disabled miners for medical expenses incurred in the treatment of work related pneumoconiosis.

Stiltner filed his part C claim in 1979. The appellants were notified of this claim in March of 1982. Five days later, the appellants agreed to pay the cost of black lung related health care costs that Stiltner had already incurred and would incur throughout his lifetime. The DOL deputy commissioner then issued an uncontested award of benefits to Stiltner requiring appellants to pay all necessary medical expenses incurred in the treatment of his pneumoconiosis. Appellants then began providing benefits, paying out over $22,000 from 1982 to 1986.

Sometime during the mid-1980s, Stiltner began going to a Dr. Modi for treatment for his breathing problems. Dr. Modi sub[495]*495mitted bills to appellants for treatment, each time listing pulmonary disease as the condition being treated. On seventeen of these bills, Modi noted that the condition treated was not related to Stiltner’s employment. Nine of the seventeen billings also included treatment for non-respiratory ailments ranging from hiatal hernia to heart disease. The other eight billings were for some type of respiratory ailment. Stiltner also submitted bills for drugs prescribed by Dr. Modi for testosterone (for impotence), valium, antibiotics, heart medications, antacids, and other drugs to treat gastrointestinal and urinary tract disorders. Appellants did not believe that these treatment and prescription bills related to Stiltner’s pneumoconiosis and refused to pay them.

Modi notified DOL of appellants' refusal to pay the bills. At the same time, appellants attempted to exercise their right to have Stiltner examined by their doctor. The DOL rejected appellants’ request and ordered appellants to pay the disputed bills. Appellants then requested a hearing before an Administrative Law Judge (“ALJ”). The AU granted appellants’ request for a medical exam, and appellants submitted two medical reports on Stiltner by a Dr. Sutherland1 to the ALJ. Dr. Sutherland’s reports indicated that Stiltner had early stage simple pneumoconiosis, but that most of Modi’s treatment bills were not for treatment of this disorder.

Although neither Stiltner nor Modi presented any contradictory evidence, the ALJ rejected Sutherland’s reports, since the DOL had found in 1982 that Stiltner was totally disabled by his pneumoconiosis rather than other causes. The AU rejected appellants’ argument that Stiltner’s pulmonary disorders were caused by something other than his pneumoconiosis. The AU also rejected appellants’ request to limit Stiltner’s recovery to medical expenses for pulmonary disorders and to deny recovery for the additional but non-related treatment that Modi had included on nine of the seventeen bills in dispute. The AU found that it would be impractical “to attempt to separate the number of minutes the doctor spent treating each condition for each hospital or office visit.” Since Modi had indicated that he treated Stiltner’s pulmonary ailment each time he saw Stiltner, the AU concluded that all of Modi’s treatments were made as a result of Stiltner’s pneumoconiosis. Accordingly, the AU ordered appellants to pay all of Dr. Modi’s treatment bills. The AU also ordered appellants to pay all of the prescription bills relating to the treatment of pulmonary disease and acute bronchitis; however, he denied recovery for the drugs prescribed for non-pulmonary disorders.2

Appellants then appealed to the Board, arguing that there was no evidence in the record that all of Dr. Modi’s treatments were related to the treatment of pneumoco-niosis. Three members of the Board found that the AU did not err in concluding that it was impractical to require the physician to indicate which treatment was related to the lung disorder. The Board based this finding on the liberal intent of the Act to provide medical benefits to claimants. Two members of the Board dissented. Both members believed that the record did not support the AU’s decision that the medical bills arose from treatment for the pneumo-coniosis. Appellants now appeal the majority’s decision.

ÍL

A claimant is entitled to medical benefits under part C of the Act to pay the cost of medical treatment incurred as a result of his pneumoconiosis. See 20 C.F.R. § 725.701(b). To qualify for these benefits, a claimant must prove (1) that the mine operator should be held generally responsible for the miner’s pneumoconiosis and (2) that the particular expense incurred was necessary to treat the miner’s pneumoconi-osis.

[496]*496A mine operator is responsible for the miner’s pneumoconiosis if either (1) it is determined in an adjudication that the miner is totally disabled due to pneumoconio-sis, and is, therefore, entitled to benefits under the Act, or (2) the mine operator voluntarily agrees to pay the cost of such treatment by conceding the miner’s general eligibility. Lute v. Split Vein Coal Co., 11 Black Lung Rep. (MB) 1-82, 1-84 (1987). In this case, Old Republic voluntarily agreed to pay for treating Stiltner’s pneu-moconiosis in 1982. Therefore, the only issue in this case is whether Stiltner met his burden of proof in establishing that the medical bills submitted by Dr.

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938 F.2d 492, 1991 WL 117979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doris-coal-co-v-director-office-of-workers-compensation-programs-ca4-1991.